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Feds: No Constitutional Protections for Location Data

PRIVACY LAW—U.S.

September 7, 2012

Wired reports on court arguments made Tuesday by the Obama administration claiming there is “no expectation of privacy” in cellphone location data, meaning law enforcement should not need to obtain a warrant to track a suspect’s movements. Citing a 1976 Supreme Court case, the administration said data such as bank records gleaned from cellphone providers are “third-party records.” The arguments come as the government prepares for a retrial in the United States v. Jones case. The administration’s court filing states, “When a cellphone user transmits a signal to a cell tower for his call to be connected, he thereby assumes the risk that the cellphone provider will create its own internal record.”
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