Federal Judge: Only Powered-Off Cell Phones Deserve Privacy Protections
A federal magistrate judge in New York recently ruled that cell phone location data deserves no protection under the Fourth Amendment and that accordingly, the government can engage in real-time location surveillance without a search warrant. In an opinion straight from the Twilight Zone, magistrate judge Gary Brown ruled two weeks ago that “cell phone users who fail to turn off their cell phones do not exhibit an expectation of privacy.”
Michael Sauers is the Director of Logan Library in Logan, UT. Prior to this he was one of the founding staff and Technology Manager for Do Space in Omaha, NE. After earning his MLS in 1995 from the University at Albany's School of Information Science and Policy Michael spent his first 20 years as a librarian training other librarians in technology along with time as a public library trustee, a bookstore manager for a library friends group, a reference librarian, a technology consultant, and a bookseller. He has written dozens of articles for various journals and magazines and has published 14 books ranging from library technology, blogging, Web design, and an index to a popular horror magazine. In his spare time, he blogs at TravelinLibrarian.info, runs The Collector's Guide to Dean Koontz website at CollectingKoontz.com, takes many, many photos, and typically reads more than 100 books a year.
Unless otherwise stated, all opinions are my own and are not to be considered those of the City of Logan, UT.
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A federal magistrate judge in New York recently ruled that cell phone location data deserves no protection under the Fourth Amendment and that accordingly, the government can engage in real-time location surveillance without a search warrant. In an opinion straight from the Twilight Zone, magistrate judge Gary Brown ruled two weeks ago that “cell phone users who fail to turn off their cell phones do not exhibit an expectation of privacy.”
