Thursday, August 1, 2013

Federal court: no warrant is required for law enforcement to track your location via cell phone records

(Image credit: Nicola since 1972/Flickr)
Madison Ruppert
Activist Post

A federal appeals court has ruled that law enforcement agencies are not required to obtain a warrant in order to track your location through your cell phone records.

This is hardly a surprising decision given that other judges have said that cell phone users have “no legitimate expectation of privacy,” some in the house have said no warrant should be required to acquire geolocation data, and the Obama administration claims location data is not protected by the Fourth Amendment.

The Fifth U.S. Circuit Court of Appeals in New Orleans supported this trend earlier the week by overturning a federal judge in Houston, according to the Wall Street Journal.

The court ruled that cell phone records are the property of your carrier and thus are not protected by the Fourth Amendment’s probable cause standard.

However, authorities must still get a court order in order to carry out a search of your cell phone records, though the standards are much lower than those required for search warrants.

Those searches are now capable of tracking your recent movements since location data is included.

“We understand the cell phone users may reasonably want their location information to remain private,” the Appeals Court stated, according to an Associated Press report.

“The Fourth Amendment, safeguarded by the courts, protects only reasonable expectations of privacy,” the court ruled.

Unsurprisingly, the American Civil Liberties Union (ACLU), which participated in the case by filing legal briefs, called the ruling “troubling.”


“This ruling is troubling because, as we and the Electronic Frontier Foundation (EFF) argued, only a warrant standard fully protects Americans’ privacy interests in their locations and movements over time,” the ACLU said in a statement, which was also posted in part by CNET.

“Cell phone companies store records on where each of us have been, often stretching back for years,” the ACLU continued. “That location information is sensitive and can reveal a great deal — what doctors people visit, where they spend the night, who their friends are, and where they worship.”

“Given the sensitivity of these facts, law enforcement agents should have to demonstrate to a judge that they have a good reason to believe that they will turn up evidence of wrongdoing before gaining access to information that can paint a detailed picture of where a person has been over time,” the ACLU argued.

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This article first appeared at End the Lie.

Madison Ruppert is the Editor and Owner-Operator of the alternative news and analysis database End The Lie and has no affiliation with any NGO, political party, economic school, or other organization/cause. He is available for podcast and radio interviews. Madison also now has his own radio show on UCYTV Monday nights 7 PM - 9 PM PT/10 PM - 12 AM ET. Show page link here: http://UCY.TV/EndtheLie. If you have questions, comments, or corrections feel free to contact him at admin@EndtheLie.com


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6 comments:

Anonymous said...

'cell phone records are the property of your carrier'
This is like saying that our medical records are the property of doctors and hospitals.

Hide Behind said...

Actually your medical records are property of doctors and while they are supposed under federal rule to remain withhin medical professional circles they can be looked at without warrants and stats whatever fedswant drawn from them.

Go look at your insurance policys, been that way for over thirty years

Anonymous said...

'Hide Behind', thank you. It makes sense. Then, does the perceived threat from a patient transcend confidentiality?

Anonymous said...

No cell phone = no problem.
Ditch 'em.

Anonymous said...

This is what happens when spineless cowards are in power, they are so afraid, they HAVE to know what you are doing.

They are so evil, they HAVE to hide the atrocities they commit, less the entire human populous go against them.

0jr said...

take the battery out and They can't track you

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