Location Tracking

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Status of Location Privacy Legislation in the States

Status of Location Privacy Legislation in the States

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 12:00am

In the wake of the NSA revelations, there has been an avalanche of state bills requiring law enforcement to obtain a probable cause warrant before tracking an individual’s location in an investigation. Most state legislators know they can’t control the NSA—but they can control their state and local law enforcement, which are engaging in some of the same invasive practices. The trend actually started in the wake of the ACLU’s nationwide public records requests on location tracking and the 2012 U.S. v. Jones decision, when Montana and Maine enacted the first two location tracking laws in the country—the recent revelations have simply increased the momentum.

Working closely with our lobbyists in state capitols around the country, we’ve been tracking this activity and working hard to make sure these privacy-protective bills become law. The chart below shows the current status of state legislation as we understand it. We will keep this chart up-to-date as we receive new information.

Photo: LDProd/Shutterstock

Fighting Against Phony Location Privacy Protections in the States

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 9:44am

A new battleground has opened up in the war over who has access to our electronic data trails: legislation is now being debated in states across the country to require a warrant for law enforcement access to location information in criminal investigations.…

Image of car with lights at night

Lessons of the Uber Privacy Scandal

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 4:12pm

Taxi-on-demand service Uber ran into hot water last week over reports that company executives have played fast and loose with some of the location data that the service records about its customers. A couple of thoughts about the scandal:

First,…

The Police's Get-Out-of-Jail-Free Card

The Police's Get-Out-of-Jail-Free Card

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 2:07pm

This piece originally appeared at Slate's Jurisprudence, under the title, "Search Party."

It used to be that when police violated a suspect's Fourth Amendment rights through an unconstitutional search, evidence derived from the search would…

image of state privacy map

Interactive Map: Privacy in the States on Four Key Issues

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 10:50am

In the last few years, we’ve seen an unprecedented number of privacy battles being waged in state legislatures. Today we’re launching an interactive web map that shows the privacy laws in place across the country on four of those issues:

law…
Photo of interior of car

Et Tu, Detroit?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 2:35pm

Senator Edward Markey (D-Mass.) has again obtained and released information about the privacy practices of private companies in a sensitive area, this time in the form of a report on the practices of automobile manufacturers.

According to the…

Crop of photo by Arlo Bates via Flickr

Utah Enacts Significant Location and Communications Privacy Bill

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 3:53pm

On Monday, Utah became the first state to enact legislation simultaneously protecting location information and electronic communications content, regardless of age, from government access—ensuring that state and local law enforcement can only access…

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