Civil Rights/Law & Technology: Need Warrant to Retrieve Cell Phone Data?


In this hi-tech age where smart phones proliferate throughout the world, it often takes years for our laws to catch up to new technology. A recent cell phone decision of first impressions in the Third Circuit accentuates the struggle between laws and newer technology. In that case (620 F.3d 304; http://www.ca3.uscourts.gov/opinarch/084227p.pdf), the court vacated and remanded a lower court decision, holding that a judge may not require the government to prove the high standard of probable cause before compelling service providers to hand over cell phone location records or CSLI  (see pp. 313, 319). Because the judge is allowed the choice to call for a lesser standard than probable cause, this decision has some civil libertarians up in arms, as they see it as another example of the erosion of individual rights.

So what do you think? Do you think a higher standard of proof should automatically exist in order for the government to be able to obtain the cell phone location history of suspects? Or shall a lesser standard suffice?

See Also:
http://www.talkleft.com/story/2010/2/11/134136/314 http://www.talkleft.com/story/2010/9/7/23421/90107
http://www.talkleft.com/story/2009/4/24/94149/0900   http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202476150643&Ruling_on_Cell_Phone_Tower_Data_Raises_Privacy_Issues&slreturn=1&hbxlogin=1

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s