Memo to all cellphone-carrying criminals: odds may have just turned in your favor as Western Pennsylvania District Court Judge Terrance McVerry has ruled that police must prove probable cause before they can force wireless provider’s to turn over your phone’s location data.
Up until now, the fuzz just had to prove the information was relevant to their investigation. But the new ruling upholds the findings of five magistrate judges back in February, who called for stricter standards on government requests for personal location information.
The government appealed the original decision saying that no constitutional right protects such data which they argue, only pinpoints a crook’s general location. The digital rights organization Electronic Frontier Foundation says otherwise.
“Law enforcement uses the fact that the suspect’s phone contacted the cell tower nearest his home to infer he is home, nearest the narcotic’s kingpin’s house to infer that they are together, nearest the drop off point to argue that he was present when the contraband was delivered,” the groups wrote. “One can also imagine that the government can ask for all the numbers that made calls through the tower nearest a political rally to infer that those callers attended the rally.”
As location data becomes more precise, relying on GPS positioning rather than cell phone towers, private property also becomes a factor. Cops don’t usually get a warrant to plant a tracking device on a car unless it enters private property, then a warrant is required. With location data extremely precise, one could argue that a warrant would be needed each time cellphone’s place someone on private property.
The sides are still split on this one, and that includes judges, but the implications of this case to our privacy is clear and definitely worth keeping an eye on.
via wired