A US appeals court says data revealing
the whereabouts of you and your phone is protected under the Fourth
Amendment – meaning it is protected from unreasonable searches by the
cops and Feds.
As a result, the police will have to get a warrant to access citizens’ cellphone location records, and will have to prove there is “probable cause” to do so. Right now, the authorities just need to argue there is “reasonable suspicion” in order to receive a court order to demand the data from telcos.
Probable cause demands a stronger standard of evidence than reasonable suspicion, meaning the cops and Feds must have something more than a hunch before demanding cellphone location data.
As a result, the police will have to get a warrant to access citizens’ cellphone location records, and will have to prove there is “probable cause” to do so. Right now, the authorities just need to argue there is “reasonable suspicion” in order to receive a court order to demand the data from telcos.
Probable cause demands a stronger standard of evidence than reasonable suspicion, meaning the cops and Feds must have something more than a hunch before demanding cellphone location data.
http://www.theregister.co.uk/2015/08/05/cell_phone_location_data_protected/
Download the appeals court ruling here
https://www.aclu.org/legal-document/us-v-graham-4th-circuit-opinion
So next time a COP says give me your phone tell him or her to get a warrant!
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