Court Says Your Mobile Phone's Location Data Protected By The 4th Amendment
from the for-now... dept
There’s been quite an attack on the 4th Amendment’s requirement for “probable cause” for gov’t searches. For instance, the Justice Department is asking Congress to scale back what “probable cause” applies to, while other law enforcement officials have found clever tricks for getting around it by doing things like subpoenaing third party data providers — like your mobile phone provider — to get info on you without having to show probable cause.
However, a court today pushed back, noting that your mobile phone location data is protected under the 4th Amendment, and law enforcement should need to show probable cause before getting a warrant to obtain that info from your mobile phone provider. This is definitely a big win for those who believe in the 4th Amendment, though it will probably only last until Congress changes the law, as per requested, to allow law enforcement to ignore probable cause. Then we’ll have a constitutional legal battle to watch, but it will take years to resolve.