Location Tracking

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.

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…

Modification of image by jpstanley with map by jepoirrier via Flickr

Cell Tower Dumps: Another Surveillance Technique, Another Set of Unanswered Questions

By Katie Haas, Speech, Privacy, and Technology Project at 11:58am

Today, the ACLU filed a Freedom of Information Act request with the FBI, the DEA, the Secret Service, and several other agencies asking for information about a surveillance technique known as a “cell tower dump.” If you’re wondering what that…

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 by Joe_A via Flickr

Federal Court Rules DOJ’s Location Tracking Memos Can Stay Secret

By Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 2:00pm

Yesterday, a federal district court ruled that the Justice Department does not need to disclose two secret memos providing guidance to federal prosecutors and investigators regarding the use of GPS devices and other location tracking technologies.…

New Location Tracking Video Released

New Location Tracking Video Released

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 2:04pm

Our crack communications staff here at the ACLU have taken the graphical blog post I did on location tracking, and what it might look like in the future, and turned it into a snappy new video.

All of our materials on the various facets of the…

In Court Today: Challenging DOJ Secrecy on Use of Warrantless Cell Phone Location Tracking

In Court Today: Challenging DOJ Secrecy on Use of Warrantless Cell Phone Location Tracking

By Bennett Stein, ACLU Speech, Privacy and Technology Project at 10:47am

Way back in 2007, we filed a Freedom of Information Act (FOIA) request seeking information about how and when the government obtains cell phone location data without a warrant. Since then, we have learned that the practice of using cell phones as tracking…

State High Courts Realize It's Not 1986 Anymore, Broaden Privacy Protections

State High Courts Realize It's Not 1986 Anymore, Broaden Privacy Protections

By Kade Crockford, Director, ACLU of Massachusetts Technology for Liberty Project at 10:57am

This was posted to privacysos.org.

Technology in the digital age has changed the way the government conducts surveillance against targets, and the law must change accordingly. So ruled two separate state supreme courts in decisions that take…

Cars That Talk to Each Other: What Are The Privacy Implications?

Cars That Talk to Each Other: What Are The Privacy Implications?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:23am

The U.S. Department of Transportation announced on Monday that it is proceeding with an effort to reduce traffic accidents by creating a “Vehicle to Vehicle” wireless infrastructure (known as V2V) through which cars can communicate with each other…

"GPS Bullets" Allow Police to Shoot a Tracker Onto a Car

"GPS Bullets" Allow Police to Shoot a Tracker Onto a Car

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 9:54am

We've started getting a few calls asking us what we think of new GPS tracking devices that police can shoot at a car that they are pursuing from a launcher mounted to the front grille of their car. The device sticks to the car, allowing the police…

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