Because freedom can't protect itself
Very interesting. I carry my phone with me as little as possible, and when I do, I keep it off unless I am making a call or checking messages. It appears that location data is tracked when 1) you make or receive a call or message or 2) law enforcement has asked your provider to continually "ping" your phone for a location. I assume it depends on the model/provider whether your phone can be pinged even when it is "off" or in "standby" mode. These days you never know when an electronic is actually off or not.
This also raises some interesting implications for phones with GPS built-in, such as with the new iPhone. If your GPS location is tied to your cellular service provider, in theory couldn't they calculate your location at any time, anywhere, within a few feet? Creepy...
Seems to me, that cellular customers should be able to restrict the companies that service them. After all customers are paying for a service, and carring phones for that intended service. The idea that since the Government did not install these "tracking devices" and the user chose to carry the phone and permit transmission of its information to a carrier, means no warrant was needed is simply insane. No one carries a cell phone for the intended purpose of being tracked. To claim that no warrant is needed assumes that intent. And more to the point even if one carried a cell phone for the purpose of being tracked, that does not void your 4th Amendment rights. As crazy as it sounds, one does not have the right to give up his/her rights.
IMHO service providers should be restricted from giving that information without a warrant, and if it is found that they do release that info…then they should be held liable, for both criminal and civil proceeding. What scares me is that companies are choosing the side of the government over the rule of Law...just goes to show you where the true power lies.
I 'am in a domestic court situation with my ex husband in Franklin Co Ohio and he is representing himself and is a police officer. He is telling me that he is going to get a supbeona for my cell phone records/text msg's/pics msgs. Is he allowed to do this without probable cause that a crime has been comitted, and what about my rights? He is attempting to intimidate me
More information about formatting options
Get breaking news on issues you care about
Congress: Restore the Voting Rights Act
Sign up for the ACLU Action newsletter.
Chip in to help protect all of our rights and liberties.
© ACLU, 125 Broad Street, 18th Floor, New York NY 10004
This is the website of the American Civil Liberties Union and the ACLU Foundation.
Learn more about these two components of the ACLU.