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struggle4progress

(118,281 posts)
Thu Jun 12, 2014, 01:05 AM Jun 2014

To obtain cellphone location records, warrant is needed, says federal appeals court

By Ellen Nakashima June 11 at 8:32 PM

A federal appeals court has for the first time ruled that a warrant is required for the government to obtain an individual’s stored cellphone location records.

The Thursday decision by a three-judge panel in the U.S. Court of Appeals for the 11th Circuit in Atlanta contrasts with a July 2013 decision by another appeals court that a warrant is not required.

That circuit court split increases the likelihood that the issue — one of the most pressing in privacy concerns in the digital age — will be settled by the Supreme Court.

“We hold that cell site location information is within the subscriber’s reasonable expectation of privacy,” the panel wrote in its decision. “The obtaining of that data without a warrant is a Fourth Amendment violation” ...


http://www.washingtonpost.com/world/national-security/to-obtain-cellphone-location-records-warrant-is-needed-says-federal-appeals-court/2014/06/11/a21a73a2-f1ab-11e3-914c-1fbd0614e2d4_story.html?tid=hpModule_a2e19bf4-86a3-11e2-9d71-f0feafdd1394

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To obtain cellphone location records, warrant is needed, says federal appeals court (Original Post) struggle4progress Jun 2014 OP
Good news. We live so much of our lives on our cell phones and computers. JDPriestly Jun 2014 #1
Since the Circuits are ruling different, the matter will end up in the Supreme Court struggle4progress Jun 2014 #2
Thank god JustAnotherGen Jun 2014 #3

JDPriestly

(57,936 posts)
1. Good news. We live so much of our lives on our cell phones and computers.
Thu Jun 12, 2014, 04:20 AM
Jun 2014

We do have a reasonable expectation of privacy as to even the metadata on them.

Think about the time of the Revolution. Most people lived where they worked. Protecting the home from government search and seizure under a warrant that was neither specific nor based on probable cause was one of the goals of the American revolutionaries and covered the kind of private sphere that now includes our cell phones and computers.

We need to understand the Bill of Rights as a whole and not just as a series of separate provisions.

The Third Amendment is often ignored, but it is the key to understanding the Fourth Amendment.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

http://www.law.cornell.edu/constitution/third_amendment

The Third Amendment was intended to protect the colonists' homes. The Fourth Amendment was broader in meaning and was intended to protect the property as well as the home from any search and seizure. The Fourth Amendment mentions houses, but it mentions it in a list of things separated by commas. We usually read that to mean that the items listed are separately and equally the subject of the law. So the Fourth Amendment would not just refer to papers and things in the house but would be protected just like the house.

The Bill of Rights among other things was intended to preserve the privacy and property of the individual. It was not JUST a matter of keeping the government out of the home. The British were entering the colonists shops, ships and homes and grabbing what they wanted. The Bill of Rights is intended to protect our innate rights to privacy and property.

We must look at the colonists' lifestyle, the intrusions they wanted to protect and then translate as well as we can that intent as to what should be preserved and protected to the technology and lifestyle of our era.

I'm pleased with this decision.

struggle4progress

(118,281 posts)
2. Since the Circuits are ruling different, the matter will end up in the Supreme Court
Thu Jun 12, 2014, 04:24 AM
Jun 2014

someday, and the outcome there is quite iffy IMO, considering the current make-up of that Court

The bottom line is that we can't win on metadata, without winning in Congress -- and that will require some real work

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