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Wednesday, September 8, 2010

Federal court: 4th Amendment standard does not always apply to mobile phone location data


Stephen C. Webster
Raw Story

Law enforcement can still be required to obtain a search warrant for access to citizens' mobile phone location data, but police need not uphold the traditional Fourth Amendment standard of "probable cause" in the process of such an investigation, a federal appeals court ruled Tuesday. 

While civil liberties groups which argued in favor of stronger privacy protections largely called the ruling favorable, it still leaves room for law enforcement to continue large-scale mobile spying operations. 

A friend-of-the-court brief [PDF link] in this case was given to the Third Circuit Federal Appeals Court on behalf of The American Civil Liberties Union, the ACLU of Pennsylvania, the Electronic Frontier Foundation (EFF) and the Center for Democracy and Technology (CDT).

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