Saturday, June 14, 2014

New Ruling Shows the NSA Can’t Legally Justify Its Phone Spying Anymore


  • By Jennifer Granick  
Photo: Getty
Photo: Getty
The Eleventh Circuit Court of Appeals said no this week to tracking your movements using data from your cell phone without a warrant when it declared that this information is constitutionally protected.
The case, United States v. Davis , is important not only because it provides substantive and procedural protections against abuse of an increasingly common and highly invasive surveillance method. It also provides support for something Christopher Sprigman and I have said before — that the government’s other “metadata” collection programs are unconstitutional.

The Davis decision, in effect, suggests that the U.S. government’s collection of all kinds of business records and transactional data — commonly called “metadata” — for law enforcement and national security purposes may also be unconstitutional.

Your phone sends signals to the nearest cell towers so that the communications network system knows where to route a call should one come in. Many providers collect and store the location of towers a customer connects to at the beginning and end of the call for billing purposes. FBI agents in Davis obtained these records without a search warrant and used them to place the defendant, Quartavious Davis, near the scene of a number of robberies.

http://www.wired.com/2014/06/davis-undermines-metadata 

No comments:

Post a Comment