Court Says Warrantles Mobile PhoneTracking Is Unconstitutional Doug Fiedor [email protected]
http://www.techdirt.com/blog/wireless/articles/20111119/00431416839/court-says-warrantless-mobile-phone-tracking-is-unconstitutional.shtml Court Says Warrantless Mobile Phone Tracking Is Unconstitutional from the well-that-could-make-things-interesting dept In an amazingly short and to the point ruling (embedded below), a judge in a district court in Southern Texas, Lynn Hughes, ruled that letting the government get mobile phone data without a warrant was unconstitutional: When the government requests records from cellular services, data disclosing the location of the telephone at the time of particular calls may be acquired only by a warrant issued on probable cause. U.S. Const., amend. 4. The records show the date, time, called number, and location of the telephone when the call was made. These data are constitutionally protected from this intrusion. The standard under the Stored Communications Act, 18 U.S.C. § 2703(d), is below that required by the Constitution. Of course, there are a number of cases out there that have ruled on similar issues... and come to different conclusions. This is one of those issues that will continue to bounce around until the Supreme Court clarifies. Still, there's something nice about seeing a court ruling of this nature, where the judge doesn't waste any time at all, and basically just says, "Hey, 4th Amendment! Next!" (more) http://www.techdirt.com/blog/wireless/articles/20111119/00431416839/court-says-warrantless-mobile-phone-tracking-is-unconstitutional.shtml 1. To read Alex Gimarc’s columns, go to http://interestingitems.org/ 2. To stay abreast Pro Life news, go to http://www.listcast.com/x?oid=20000g 3. For News with Attitude, email [email protected] subscribe in the Subj. 4. For free Politically Incorrect news ignored by the American news media, send email to REAL NEWS [email protected] 5. For The Western Center for Journalism, fill out form @ http://fs7.formsite.com/C4Strategies/form377795450/index.html 6. Check out Doug Fiedor’s web site: http://fiedorreport.blogspot.com/ 7. All of the above, http://groups.google.com/group/richsrants?hl=en -- To join RichsRants, send email to: [email protected] For more options, visit this group at http://groups.google.com/group/richsrants?hl=en
