No warrant is needed to get your phone’s location data, U.S. appeals court rules

So much for the 4th Amendment….

No warrant is needed to get your phone’s location data, U.S. appeals court rules

Source: No warrant is needed to get your phone’s location data, U.S. appeals court rules / Boing Boing

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5 thoughts on “No warrant is needed to get your phone’s location data, U.S. appeals court rules”

  1. I don’t think this is so much a violation of the 4th amendment. It’s tough to say though. Information transmitted over the airwaves can and will be intercepted. There’s nothing illegal because you are the one transmitting it. You also aren’t required to carry a phone. If you don’t want to be located don’t carry a phone. Don’t get me wrong. I don’t trust my government by any means. I can see the thought process the court had though.

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  2. Telephone location data is not intercepted OTA, it’s farmed from the carrier. Even still, the 4th Amendment does guarantee the right of the people to be secure in their effects against such unreasonable searches and seizures. This includes data, as the Courts have already ruled. Furthermore, the carriers already have a duty of care to protect the personal information of their customers, and this includes location data.
    Also, the “you don’t have to carry a phone” statement is not only a bad argument, it’s dangerous: It excuses the potentially illegal actions of the government under the guise that one is not compelled NOT to behave a certain way, then goes on to shift the blame onto the victim. This is the rape-excuse argument (“If you didn’t want to get raped, you shouldn’t have worn that skirt”) and is an insult to freedom.
    The Bill of Rights exists to protect all the people in all cases, and the hard-line, right-wing, late, great, Antonin Scalia would agree.

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  3. Excellent! Spread the gospel, brother! This has just as much impact on middle Georgia as it does on southern California, and it’s certainly not a left-right thing when it comes down to constitutionality!
    Meanwhile, it’s hard to really consider what the court’s process was. This was an appellate decision, so there was likely an error made by a lower court in the case. Keep an eye on this area, though, because it has everything to do with the future of this country.
    It’s always the seemingly small decisions that have such far-reaching consequences thanks to the miracle of precedent!

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