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Government Cellphones Communications Privacy Security The Internet Wireless Networking News Your Rights Online

Senator Seeks More Info On DOJ Location Tracking Practices 35

Gunkerty Jeb writes "Senator Al Franken (D-MN) is demanding answers to questions about the U.S. Department of Justice practice of gathering data from wireless providers in order to monitor individuals' movements using mobile phone location data. In a letter (PDF) to Attorney General Eric Holder, Franken said, 'I was further concerned to learn that in many cases, these agencies appear to be obtaining precise records of individuals' past and current movements from carriers without first obtaining a warrant for this information. I think that these actions may violate the spirit if not the letter of the Jones decision.'"
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Senator Seeks More Info On DOJ Location Tracking Practices

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  • by TWX ( 665546 ) on Friday May 11, 2012 @07:38PM (#39974611)
    When did it change to where the government could get records from a private company about a private individual without a court-issued Warrant? Didn't the whole "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..." part of the fourth amendment cover private data as effects, or as an electronic version of papers?

    If law enforcement feels they need data on a person's whereabouts, and if there's a log of these whereabouts, they should fairly easily be able to make an argument to a judge that they need this information. If they can't find a judge that will grant them this data, then the checks and balances portion of the three-part government worked. It's not like the data is going anywhere if they don't get to it NOW...
  • by KhabaLox ( 1906148 ) on Friday May 11, 2012 @08:44PM (#39975089)

    When did it change to where the government could get records from a private company about a private individual without a court-issued Warrant?

    You don't own the data Google has on you (including your emails, etc.) You don't own your Tweets. That's why that protester couldn't challenge the subpoena the DA served on Twitter. If Google wants to fight to protect their data they have about you, they can (maybe). But you can't, and it's not a violation of your rights for Google to turn over that data, or for the government to go after it without a warrant (it might be a violation of Google's rights).

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