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Author Topic: Mobile Phone Location Data isn't Private?  (Read 1276 times)

Renegade

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Mobile Phone Location Data isn't Private?
« on: October 06, 2012, 11:40:27 AM »
I guess I'm just pretty stupid, but I fail to understand how where people are is the business of TPTB. Or anyone else.

Seriously? Having a phone gives TPTB a right to track us?

Then again, I'm probably a terrorist... whatever that means.  :-\

http://www.computerw...t_private_Feds_argue

Quote
Cell phone location data not private, Feds argue
Fifth Circuit appellate court hears arguments on warrantless tracking of cellular location data

Individuals have no reasonable expectation of privacy in historical cell phone location data collected and maintained by phone companies, a federal prosecutor said in oral arguments Monday before a three-judge panel from the Fifth Circuit Court of Appeals in New Orleans.

The court is reviewing an appeal from the U.S government in a case pertaining to the government's authority to collect historical cell phone location data from a phone company without obtaining a formal search warrant first.

Federal prosecutors in the case have maintained that the Stored Communications Act (SCA) of 1986 allows them to use a relatively easy-to-obtain court order, called 2703 (d), to force a cellphone company to turn over historical cell-site location information on specific subscribers.

Privacy advocates have insisted that law enforcement authorities should be required to obtain search warrants based on higher reasonable cause standards before they can ask a carrier for cell phone location data. They have argued that any location data collected without such a warrant is a violation of Fourth Amendment rights against unreasonable search and seizure.

The case is an important one and comes at a time when lawmakers and courts around the country are grappling with the issue of warrantless tracking of location data by law enforcement authorities. Many have expressed concern that unbridled cell phone location tracking will let the government conduct extensive surveillance on cell phone owners.

In August, the Sixth Circuit Court of Appeals ruled that Fourth Amendment protections do not in fact extend to cell phone location data. In arriving at the decision, the court maintained that there is little constitutional difference between tracking a suspect physically on public roads and using cellular technology to do the same thing.

The Sixth Circuit's decision was somewhat at odds with one arrived at two years ago by the Third Circuit appellate court which held that law enforcement authorities needed to obtain search warrants to gather customer cellphone location data stored by phone companies.


etc. etc. etc.

 :huh:

Too bad there aren't any payphones around anymore. Anyone here remember what these were once upon a time before buying a cup of coffee with cash was an indicator that you were like me (see above)?

Elcotel-Series5-02.jpg

When was the last time you saw one?

Used one?

To be honest, I think the last time I used one was probably in Seoul, but the last time that I have a clear recollection of using one was at a strip bar in Guelph that some friends took me out to. (I didn't really protest that much though. ;) ) (Cynical comments excluded about how "people like me" (see above) frequent strip clubs.)

I wish more people understood the capacity of Big Data and data mining.
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40hz

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Re: Mobile Phone Location Data isn't Private?
« Reply #1 on: October 06, 2012, 12:01:00 PM »
hen again, I'm probably a terrorist... whatever that means.

It's currently in the process of being redefined. A terrorist used to be "Someone who commits acts or terrorism," The new draft definition for terrorist is "Someone who commits acts of terrorism or questions authority."
 :-\

tomos

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Re: Mobile Phone Location Data isn't Private?
« Reply #2 on: October 06, 2012, 12:04:05 PM »
Will be interesting to see how they decide.

What's with the court numbers - is the fifth 'higher' than the sixth?

Is the supreme court #1?
Tom

rgdot

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Re: Mobile Phone Location Data isn't Private?
« Reply #3 on: October 06, 2012, 12:50:11 PM »
Direct consequence of voting for one party, getting mad at it, going to the other but later returning to the first. It's easy to say that politicians (and judges, some of which are elected) are 'evil'. But when they are not punished there is no incentive for them to be for the people.

app103

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Re: Mobile Phone Location Data isn't Private?
« Reply #4 on: October 06, 2012, 07:03:54 PM »
A terrorist used to be "Someone who commits acts or terrorism," The new draft definition for terrorist is "Someone who commits acts of terrorism or questions authority."

Or is just tired or cold.