SixthCircuit
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Sixth Circuit rules that law enforcement doesn't need a warrant to track your phone
If you go through tin foil like there's no tomorrow (or because you think there's no tomorrow), you might want to head down the store. A recent 2 - 1 ruling by the Sixth Circuit Court of Appeals has determined that law enforcement agencies can obtain cellphone location data, without the need for a warrant. The decision comes after a defendant in a drug-related case claimed protection from his phone's GPS location data being used under the Fourth Amendment. Judge John Rogers stated that the defendant didn't have a reasonable expectation of privacy for data given off by a voluntarily purchased phone, going on to state that if tools used in such crimes give off a trackable signal, police should be allowed to use it. Rogers likened it to the use of dogs tracking a scent, and criminals complaining they didn't know they were giving one off, or that the dog had picked it up. The use of technology in crime prevention, be it police tools, or that belonging to the greater population, has long been a source of complex discussion, and this latest development is unlikely to be the end of it. But for now, at least one guy is rueing his decision to get a better phone. Hit the source for the full case history.
Sixth Circuit rules that the government needs a warrant to search your email
Score another baby step for digital democracy: the Sixth Circuit Court of Appeals ruled today that the government must have a search warrant before it can obtain email from your provider. Specifically, the court held in U.S. v Warshak that "it would defy common sense to afford emails lesser Fourth Amendment protection" than traditional communications like phone calls and postal mail. Yes, you'd think that would be obvious, but the specific question had never actually been raised at the appellate level before, so the decision is critically important -- it's likely that other courts will take their cue from the Sixth Circuit when faced with similar issues. As the EFF points out, however, there are several legal exceptions to the warrant requirement in the Stored Communication Act that the organization is still fighting to have amended, but hey -- we'll take every little bit of progress we can.
