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+-   DOJ needs warrant to track your cell's GPS history-> on Thursday September 11 2008, @10:45AM MacRonin

Submitted by MacRonin on Thursday September 11 2008, @10:45AM
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MacRonin writes "Just in from the EFF — In an unprecedented victory for cell phone privacy, a federal court has affirmed that cell phone location information stored by a mobile phone provider is protected by the Fourth Amendment and that the government must obtain a warrant based on probable cause before seizing such records. EFF has successfully argued before other courts that the government needs a warrant before it can track a cell phones location in real-time. However, this is the first known case where a court has found that the government must also obtain a warrant when obtaining stored records about a cell phones location from the mobile phone provider.

"Cell phone providers store an increasing amount of sensitive data about where you are and when, based on which cell towers your phone uses when making a call. Until now, the government has routinely seized these records without search warrants," said EFF Senior Staff Attorney Kevin Bankston. "This landmark ruling is hopefully only the first of many. Just as magistrates across the country have begun denying government requests to track cell phones in real-time without warrants, based on arguments first made by EFF, so too do we hope this decision will spark new scrutiny of the governments unconstitutional seizure of stored cell phone location records."

The American Civil Liberties Union (ACLU), the ACLU Foundation of Pennsylvania, and the Center for Democracy and Technology (CDT) joined EFFs brief.

For Wednesdays decision:
http://www.eff.org/files/filenode/celltracking/lenihanorder.pdf

For the full amicus brief in the cell phone records case:
http://www.eff.org/files/filenode/celltracking/LenihanAmicus.pdf"

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