Police should need a warrant to acquire cellphone...
Police should need a warrant to acquire cellphone location data from a service provider, the 11th U.S. Circuit Court of Appeals ruled Wednesday (http://bit.ly/SRkbR8). “The exposure of the cell site location information can convert what would otherwise be a private…
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event into a public one,” said the ruling. “When one’s whereabouts are not public, then one may have a reasonable expectation of privacy in those whereabouts.” The decision is a boon to those arguing for an expectation of privacy regarding electronic communications, American Civil Liberties Union privacy and technology lawyer Nathan Freed Wessler told us. Wessler argued the case before the 11th Circuit. “It bolsters the case for Congress to adopt legislation requiring a warrant for electronic location tracking by law enforcement,” he said. Location tracking has been a recent issue on the Hill -- Sen. Al Franken, D-Minn., recently held a hearing on his Location Privacy Protection Act (CD June 5 p12), and other lawmakers like Reps. Zoe Lofgren, D-Calif., and Jason Chaffetz, R-Utah, have introduced bills (HR-983 and HR-1312) to limit commercial and governmental collection and access to location data. “I think this ruling will help spur legislative reform,” Wessler said. These bills “will both help police by setting clear rules and safeguard American’s privacy by requiring a warrant."