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by mewalke
Tue Aug 06, 2013 1:29 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Court OK's warrantless tracking of phone GPS
Replies: 23
Views: 2559

Re: Court OK's warrantless tracking of phone GPS

talltex wrote:
gigag04 wrote:FYI - the major providers still require you have a warrant, absent a life threatening emergency (kidnapping, suicide, murderer fleeing murder)

It can be scary news in the headlines but won't change how LEOs have to operate.
I'm confused (not a particularly unusual condition). If the current highest court ruling...the 5th Circuit Court of Appeals...says that the data belongs to the providers and is thus excluded from 4th Amendment protection, how can the providers still REQUIRE a government agency requesting the info to have a warrant ? I understand that the providers will file an appeal to the Supreme Court...but until such time that the SCOTUS decides to hear the case...which could be be several years or not at all...the highest court with standing, has issued a valid ruling for those districts within its jurisdiction. CAN the providers ignore that current ruling while the case is being appealed ? :headscratch
You can always deny a law enforcement request. For corporations, the worst that usually happens is law enforcement comes back with a court order for the info. Typically the big telecom companies will not hand over any identifiable information without a court order.
by mewalke
Mon Aug 05, 2013 3:12 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Court OK's warrantless tracking of phone GPS
Replies: 23
Views: 2559

Re: Court OK's warrantless tracking of phone GPS

RoyGBiv wrote:Your cell provider can track your location any time the phone is turned on, using the location of the cell tower you're pinging. If you're nearby two cell towers, they can pinpoint your location with pretty good accuracy. The only way to avoid this is to turn off your phone and remove the battery.

http://en.wikipedia.org/wiki/Mobile_phone_tracking" onclick="window.open(this.href);return false;
"In Europe, where most countries have a constitutional guarantee on the secrecy of correspondence..."

That quote from the Wiki page makes me sad. That European countries have SOME constitutional protections that we don't. The EU sure has been taking private companies to task over privacy issues.
by mewalke
Mon Aug 05, 2013 3:09 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Court OK's warrantless tracking of phone GPS
Replies: 23
Views: 2559

Re: Court OK's warrantless tracking of phone GPS

The Annoyed Man wrote: Which flag would be appropriate at this time: A) the Stars and Bars, flown upside down to indicate a nation in severe distress; or B) the Jolly Roger?

I'd be laughing if the whole state of things didn't make me slightly sick to my stomach. I'm going to go with both flags. Maybe we are all just paranoid :leaving .

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