Wednesday, March 18, 2009
White House Says Feds Should Have Unfettered Access To Mobile Phone Location Info
The Obama administration says the Fourth Amendment prohibition against unreasonable searches and seizures does not apply to cell-site information mobile phone carriers retain on their customers.
At issue is whether the government can require federal judges to order mobile phone companies to release historical cell-tower information of a phone number without probable cause — the standard required for a search warrant. While judges have varied on the issue, the resulting evidence can be used in a criminal prosecution. This certainly seems like the sort of private info that, under the 4th Amendment, would require a warrant, but not according to the administration(s). It feels that mobile phone providers should freely hand over records of what mobile phone tower any phone was connected to, even without the administration bothering to get a warrant (i.e., whenever and for whomever it wants to keep tabs on). This is tremendously problematic if you believe in the basic principles of the 4th Amendment. The EFF and the ACLU have asked a court to stop this practice, and it's rather disappointing that the administration is pushing in the other direction.
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