Photo Credit: The United States Supreme Court, in Washington, D.C.
CREDIT JAREK TUSZYŃSKI/WIKIMEDIA
The issue the court is deciding is Whether the warrantless seizure and search of historical cellphone records revealing the location and movements of a cellphone user over the course of 127 days is permitted by the Fourth Amendment.
Of course the AGs office would come out in support of the practice because it makes law enforcement jobs very easy and they argue a person shares that information with the phone company’s and it’s akin to bank record which the Supreme Court has ruled a person has no expectation of privacy towards.
However, I would argue that at people including myself have no idea how much information is really shared by your devices. The manufacturers aren’t very transparent on what is shared with third parties especially for marketing purposes and there really no way to shut the sharing off and have a fully functioning phone. For example I can’t use my GPS without location services and I wonder how many people know that by using google maps your sharing your location with google for crowd sources traffic data?
The bottom line is that technology has has far outpaced the case law on the subject and I’m glad that the Supreme Court is taking a fresh look.