Wednesday, September 8, 2010

Court allows warrantless cell location tracking

news.cnet.com

The FBI and other police agencies don't need a search warrant to track the locations of Americans' cell phones, a federal appeals court ruled on Tuesday in a precedent-setting decision.

In the first decision of its kind, a Philadelphia appeals court agreed with the Obama administration that no search warrant--signed by a judge based on a belief that there was probable cause to suspect criminal activity--was necessary for police to obtain logs showing where a cell phone user had traveled.

A three-judge panel of the Third Circuit said (PDF) tracking cell phones "does not require the traditional probable-cause determination" enshrined in the Fourth Amendment, which prohibits government agencies from conducting "unreasonable" searches. The court's decision, however, was focused on which federal privacy statutes apply.

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1 comment:

The CSIR said...

This is a major event.
I am very suprised about this.

Doc