Warrants may be needed for cell phone data, court says

[mike r]

http://www.computerworld.com/s/article/9184180/Warrants_may_be_needed_for_cell_phone_data_court_says

In a precedent-setting decision, a federal appellate court this week ruled that judges have the option of asking prosecutors to obtain a warrant before they are allowed access to a person's cell phone location data.

But the court left untouched the question of whether access to such data is protected under Fourth Amendment rights against unreasonable search and seizure.

The ruling by the U.S. Court of Appeals for the Third Circuit rejected government claims that current statutes require courts to always allow access to cell phone data whenever prosecutors are able to show they have "reasonable cause" for wanting it. (A copy of the verdict is available for download from the Electronic Frontier Foundation's Web site.)

In its ruling, a three-judge panel for the Third Circuit noted that the language of the Stored Communications Act gives judges the option of asking prosecutors to obtain a warrant, based on probable cause, in some situations...

[TheKentuckian]

1. Warrants ARE needed to violate our privacy despite the willful erosion of our

rights by both parties and all three branches of government at all levels.

The Constitution is crystal clear and ignored.

[librechik]

2. once again we have to depend on the good will of enforcers to not abuse us

not foolproof, at the least.