Computer & Communication Industry Association
PublishedAugust 27, 2012

Location Privacy Ups and Downs

Last week a federal appeals court ruled on a subject dodged by the Supreme Court last year in US v. Jones: Whether the government can use your phone as a tracking device without getting a warrant first. Unfortunately the Sixth Circuit decided in a 2-1 opinion that you have no reasonable expectation of privacy in your location because your cell phone is transmitting a signal at all times that can be used to track its location.
This is a disappointing decision because it focuses very narrowly on the fact that signals are voluntarily transmitted from a cell phone and does not take into account the intimate personal details that can be revealed by location information collected over time. The DC Circuit Court of Appeals went into great detail about these types of person details in US v. Maynard (the case that became Jones in the Supreme Court). The court discussed how location information can reveal information about income levels, religious observance, medical details, sexual orientation and many other personal details. The concurring opinion in the Jones case also followed this line of reasoning in concluding that a warrant should be required. The Sixth Circuit unfortunately does not apparently agree.
There is good news elsewhere in this particular fight, however. The California Senate and House of Representatives on Wednesday passed a law with bipartisan support requiring California law enforcement agencies to obtain a warrant before collecting any location information. The law now needs to be signed by the governor before it goes into effect. Governor Brown should do so immediately, although there is some concern, given his prior stance on the privacy of information on cell phones owned by arrestees, that he will veto the bill. That outcome would be bad for civil liberties, bad for customers, and bad for companies seeking a clear rule in an uncertain legal landscape. Brown is responsible for assuring the privacy of the citizens of California, not just the efficacy of its law enforcement. The bill before him reaches that balance and should be signed into law, not vetoed.
reading-tablet
  • Press Releases
  • Content Moderation
  • European Union

Controversial Media Exemption Divides European Parliament

Brussels, BELGIUM – Today, the European Parliament adopted its position on the European Media Freedom Act (EMFA). Unfortunately, in addition to many unwanted provisions, a controversial proposal to ...
reading-tablet
  • Press Releases
  • Trademark

CCIA To Testify Before Senate Judiciary IP Subcommittee On SHOP SAFE Tuesday

Washington – The Senate Judiciary Intellectual Property Subcommittee is holding a hearing Tuesday on S. 2934, the recently reintroduced Stopping Harmful Offers on Platforms by Screening Against Fake...
reading-tablet
  • Press Releases
  • Trade

CCIA Files Comments with Canadian Heritage on Proposed Regulations for Online News Act

Washington – The Computer & Communications Industry Association filed comments in response to Canada’s consultation regarding proposed regulations for the implementation of the Online News Act...
reading-tablet
  • Press Releases
  • Content Moderation

Supreme Court To Hear Challenges To Texas, Florida Social Media Laws

Washington – The Supreme Court has agreed to take up the Texas and Florida social media laws that several lower courts have found to violate the First Amendment. The Computer & Communications In...