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Cell Phone Location Records
Hunter Mag
Member Posts: 6,611 ✭✭✭
Government can grab cell phone location records without warrant, appeals court says
By Michael Isikoff
NBC News National Investigative Correspondent
In a major victory for the Justice Department over privacy advocates, a federal appeals court ruled Tuesday that government agencies can collect records showing the location of an individual's cell phone without obtaining a warrant.
The 2-1 ruling by the 5th Circuit Court of Appeals in New Orleans upheld the Justice Department's argument that "historical" records showing the location of cell phones, gleaned from cell site location towers, are not protected by the Fourth Amendment.
A key basis for the ruling: The use of cell phones is "entirely voluntarily" and therefore individuals who use them have forfeited the right to constitutional protection for records showing where they have been used, the court held.
"The Government does not require a member of the public to own or carry a phone," wrote U.S. Judge Edith Brown Clement in an opinion joined by U.S. Judge Dennis Reavley. The opinion continued: "Because a cell phone user makes a choice to get a phone, to select a particular service provider, and to make a call, and because he knows that call conveys cell site information ... he voluntarily conveys his cell site data each time he makes a call."
FULL STORY
http://investigations.nbcnews.com/_news/2013/07/30/19781508-government-can-grab-cell-phone-location-records-without-warrant-appeals-court-says?lite&ocid=msnhp&pos=3
By Michael Isikoff
NBC News National Investigative Correspondent
In a major victory for the Justice Department over privacy advocates, a federal appeals court ruled Tuesday that government agencies can collect records showing the location of an individual's cell phone without obtaining a warrant.
The 2-1 ruling by the 5th Circuit Court of Appeals in New Orleans upheld the Justice Department's argument that "historical" records showing the location of cell phones, gleaned from cell site location towers, are not protected by the Fourth Amendment.
A key basis for the ruling: The use of cell phones is "entirely voluntarily" and therefore individuals who use them have forfeited the right to constitutional protection for records showing where they have been used, the court held.
"The Government does not require a member of the public to own or carry a phone," wrote U.S. Judge Edith Brown Clement in an opinion joined by U.S. Judge Dennis Reavley. The opinion continued: "Because a cell phone user makes a choice to get a phone, to select a particular service provider, and to make a call, and because he knows that call conveys cell site information ... he voluntarily conveys his cell site data each time he makes a call."
FULL STORY
http://investigations.nbcnews.com/_news/2013/07/30/19781508-government-can-grab-cell-phone-location-records-without-warrant-appeals-court-says?lite&ocid=msnhp&pos=3
Comments
so if an individual removes the part of the cell giving up the location that should not be a crime because it is all voluntary ??
Good luck with that. It's a chip on the circuit board. I'd bet you couldn't locate it with a microscope.
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
quote:Originally posted by spasmcreek
so if an individual removes the part of the cell giving up the location that should not be a crime because it is all voluntary ??
Good luck with that. It's a chip on the circuit board. I'd bet you couldn't locate it with a microscope.
even if you could, the device probably wouldnt run right with you removing parts....
If you are going to break the law:
1. Leave your cell phone on and somewhere to provide an alibi
2. Take the battery out of you phone. Just turning it off does not work.
"Never do wrong to make a friend----or to keep one".....Robert E. Lee
So does this apply to the rest of the bill of rights to, since excercising your constitutional rights is also voluntary?
The government does not require me to own a firearm, or speak freely ect. I guess I gave up those rights too since the government doesn't require me to do so. As a matter of fact they're trying to prevent me/us from doing so.
Its not the phone by itself, its the phone in contact with the towers. Your phone is always in contact with the cell towers.........That is why you see the little bars to tell you to signal strength. The tower knows where your phone is. That is where they get the info from the towers.
If you are going to break the law:
1. Leave your cell phone on and somewhere to provide an alibi
2. Take the battery out of you phone. Just turning it off does not work.
Not quite correct.
Yes a record is kept of which tower your phone was talking to, but an actual location of where your phone is, is provided by the GPS chip in all phones. And phones without the GPS chip are not allowed by any carriers anymore.
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
Digital is the Demon, have you never wondered why Uncle Sam made us leave analog behind for digital "everything" [:(] Its not just phones either [;)], Now you should have a good idea why they're chasing Mr. Snowden [:0]
Well now you're on the "list" for sure.
quote:Originally posted by Alpine
quote:Originally posted by spasmcreek
so if an individual removes the part of the cell giving up the location that should not be a crime because it is all voluntary ??
Good luck with that. It's a chip on the circuit board. I'd bet you couldn't locate it with a microscope.
even if you could, the device probably wouldnt run right with you removing parts....
Yep!