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<div class="timestamp">September 22, 2012</div>
<h1>When GPS Tracking Violates Privacy Rights</h1>
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<p>
For the right to personal privacy to survive in America in this digital
age, courts must be meticulous in applying longstanding privacy
protections to new technology. This did not happen in an unfortunate<a href="http://www.ca6.uscourts.gov/opinions.pdf/12a0262p-06.pdf"> ruling</a> last month by a three-judge panel of the United States Court of Appeals for the Sixth Circuit. </p>
<p>
The case concerned a drug conviction based on information about the
defendant’s location that the government acquired from a cellphone he
carried on a three-day road trip in a motor home. The data, apparently
obtained with a phone company’s help, led to a warrantless search of the
motor home and the seizure of incriminating evidence. </p>
<p>
The majority opinion held that there was no constitutional violation of
the defendant’s rights because he “did not have a reasonable expectation
of privacy in the data given off by his voluntarily procured
pay-as-you-go cellphone.” </p>
<p>
The panel drew a distinction between its ruling and a ruling by the
Supreme Court last January in United States v. Jones, which held that
the placement of a hidden device on a suspect’s car without a valid
warrant violated the Fourth Amendment. The three-judge panel said that
its case, in contrast, did not involve physical trespass on the
suspect’s private property. The judges also asserted that the tracking
in the case before them was not sufficiently “comprehensive” to be
“unreasonable for Fourth Amendment purposes” and trigger the need for a
warrant — even though the police tracked the defendant’s every move for
three days, hardly a negligible time period. </p>
<p>
The Jones case suggests that the Supreme Court’s future direction may be
more protective of privacy in cases involving new and potentially
invasive technologies. In two concurring opinions in that case, a
majority of justices agreed that “longer-term” GPS monitoring impinged
on expectations of privacy. </p>
<p>
As Justice Sonia Sotomayor stressed in her concurrence, “GPS monitoring
generates a precise, comprehensive record of a person’s public movements
that reflects a wealth of detail about her familial, political,
professional, religious, and sexual associations.” If anything, tracking
someone using cellphone GPS capabilities is even more invasive than
following someone with a GPS device attached to a car since it allows
for 24/7 coverage. Most people carry their phones wherever they go,
including into their homes. </p>
<p>
The circuit court panel majority concluded that because the defendant’s
phone emitted information that could be picked up by law enforcement
agents, he had no reasonable expectation of privacy and thus no warrant
was needed to conduct the surveillance. This was at odds with yet
another Supreme Court ruling, in 2001, involving a thermal-imaging
device aimed at a private home from a public street. </p>
<p>
Carrying a cellphone should not obliterate privacy rights or the Fourth
Amendment’s warrant requirement. The full Sixth Circuit should grant a
pending request for a rehearing and reverse the panel’s damaging ruling.
</p>
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<br clear="all"><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br><br><img src="http://users.moscow.com/waf/WP%20Fox%2001.jpg"><br><br>