MCViewPoint

Opinion from a Libertarian ViewPoint

Supreme Court says warrant necessary for phone location data in win for privacy

Posted by Martin C. Fox on June 22, 2018

It’s only illegal if you get caught – Anonymous three letter government agency employee

https://www.cnet.com/news/supreme-court-says-warrant-necessary-for-phone-location-data/

BY 

The US Supreme Court has ruled in favor of digital privacy.

  • In a 5-4 decision on Friday the justices said that police need warrants to gather phone location data as evidence for trials. That reversed and remanded a decision by the Sixth Circuit Court of Appeals.

    Carpenter v. United States is the first case about phone location data that the Supreme Court has ruled on. That makes it a landmark decision regarding how law enforcement agencies can use technology as they build cases. The court heard arguments in the case on Nov. 29…

In the Supreme Court’s ruling, Chief Justice John Roberts wrote that the government’s searches of Carpenter’s phone records were considered a Fourth Amendment search.

“The Government’s position fails to contend with the seismic shifts in digital technology that made possible the tracking of not only Carpenter’s location but also everyone else’s, not for a short period but for years and years,” he wrote.

Roberts said that allowing government access to historical GPS data infringes on Carpenter’s Fourth Amendment protections and expectation of privacy, by providing law enforcement with an “all-encompassing record” of his whereabouts. He added that historical GPS data presents an “even greater privacy risk” than real-time GPS monitoring…

In a tweet, the ACLU’s deputy legal director called the decision a “civil liberties VICTORY.”

Edward Snowden, the NSA whistleblower, said the decision was a major victory for the US.

The Computer and Communications Industry Association’s president Ed Black said the decision would have significant impact on how the Fourth Amendment protects your data from government surveillance.

“This decision will provide users with the confidence that the sensitive location data they share with innovative digital devices and services will only be disclosed to law enforcement with a warrant based on probable cause,” he said.

Be seeing you

DNA-please

 

 

 

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