Federal Judge Gary Brown has ruled that “phone users who fail to turn off their cell phones do not exhibit an expectation of privacy,” Ashley Feinberg writes in an ACLU op-ed republished by Gizmodo. Feinberg quotes Brown as saying, “Given the ubiquity and celebrity of geolocation technologies, an individual has no legitimate expectation of privacy in the prospective location of a cellular telephone where that individual has failed to protect his privacy by taking the simple expedient of powering it off.” Feinberg calls the opinion “ridiculous,” citing the difference between location data that is knowingly shared and that which is collected “without your knowledge or consent.”
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