A new court ruling means that police must obtain a warrant if they want to
track people's location using their mobile phone.
The case arose when the US Department of Justice asked the federal court in
the Western District of Pennsylvania to overturn a judgement that the police
should be able to triangulate a person's location using their mobile phone.
"Cellphone providers store an increasing amount of sensitive data about where
you are based on which cell towers your phone uses when making a call," said
Kevin Bankston, senior staff attorney at the Electronic Frontier Foundation
(EFF).
"Until now, the government has routinely seized these records without search
warrants. This landmark ruling is hopefully only the first of many.
"Just as magistrates across the country have begun denying government
requests to track cell phones in real time without warrants, based on arguments
first made by EFF, so too do we hope this decision will spark new scrutiny of
the government's unconstitutional seizure of stored cell phone location records.
"
The case came about after an investigation into an alleged drug trafficker.
The government had argued that mobile phone records were similar to credit
records and therefore did not fall under Fourth Amendment rights.
Government staff also said that, because such location data was usually only
accurate to within 100ft, it did not infringe on privacy.
The DoJ already accepts that it needs warrants for GPS data. It seems likely
to appeal the ruling and has said that it is considering its options.
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