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Wednesday, September 23, 2015

Government Argues: If Your Mobile Phone Provider Knows Where You Are, Why Shouldn’t We?

In one of the stronger defenses of Fourth Amendment rights in the digital age, a federal appellate court panel in August ruled 2 to 1 that law enforcement officials can’t request cell phone location records without a warrant.

The government is now asking the full Fourth Circuit Court of Appeals to overrule the panel’s earlier decision, arguing that by choosing to connect to a mobile network, users lose any reasonable expectation that their location is private.

Quoting the dissenting judge, the government wrote that the panel’s decision “flies in the face of the Supreme Court’s well-established third-party doctrine.”

The third-party doctrine is a legal theory that asserts that users voluntarily give up information like location data by subscribing to public services like communications providers, and thus have “no reasonable expectation of privacy” when it comes to that information.

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6 comments:

lmclain said...

Surprise!!
The Nazi's believe that you have NO privacy, and by actually being ALIVE and doing anything other than sitting at the table in your house, you surrender any of the rights that you haven't already been forced to surrender.
Top to bottom, they need hanging.
On a side note, have you seen the latest Gestapo idea, which is that you cannot use your State driver's license from about 5 states TO FLY STATE TO STATE!? Soon, like China, you'll need the permission of a stranger to visit your mom in another town. Or, the National ID that they so badly want to impose.
Vere aahh yar pay-pa's!! Quickly!!
The executioner is tying the know in the rope they will use to hang you and you can't stop cheering.
Oh. that's right. It's for your own good. And, of course, to protect the children, for God's sake! How can you be against THAt?
Keep cheering.

Anonymous said...

When they do finally require everyone to have a National ID, the Democrats will still say you shouldn't be required to show an ID to vote.

Steve said...

So, if I give my doctor permission to take out one of my kidneys to donate to a relative,will that automatically give the government permission to extract my organs for donations as well?

Same thing,and I DON'T THINK SO!

Anonymous said...

I keep my GPS and phone off when I am not making a call......

Anonymous said...

746, they still know where you are. You'll have to take the battery out to be anon. Iphones,well, SOL!

Anonymous said...

Why should anybody know where I am without my permission? We are turning into China.