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Worried about the police tracking your whereabouts through your mobile records? They can’t — it’s unconstitutional. U.S. law enforcement agents do not have the right to access cellphone location records, a federal court ruled Wednesday.
U.S. District Judge Lynn N. Hughes upheld a Texas district court’s decision that the constitution’s Fourth Amendment sets probable cause as the minimum for obtaining private records. A government request for asked for 60 days of travel information for certain mobile accounts probed the case.
In his ruling, Hughes wrote, “two months’ worth of hourly tracking data will inevitably reveal a rich slice of the user’s life, activities, and associations.”
The American Civil Liberties Union (ACLU), which advocates on behalf of individual rights, filed briefs on behalf of the case. Following the decision, the organization wrote in a blog post, “A consequence of having a cellphone should not include revealing to curious government agents one’s every movement.”
In an increasingly mobile and digital age, many believe several U.S. laws need modernization, such as the Electronic Communications Privacy Act. We expect to see many related cases in the years to come.
What do you think of the court’s decision? Should individual’s mobile records be private? Let us know in the comments.
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About time our rights were upheld…
This is great news. What about the states that allow cops to hijack your cellphone data wirelessly while they’ve got you pulled over? Do they have the right to go through your phone when you’re arrested?
A great and proper application of the 4th Amendment in these modern times!
I agree, about freakin’ time!
“A government request for asked for 60 days of travel information for certain mobile accounts probed the case.” – I think you got a “for” in there twice.
My phone records should definitely be private until probable cause is enacted due to whatever X activity is. Anything else is an encroachment on my already limited freedoms.
Limited relative to which other constitution?
If you need to ask that question then I don’t have time for the lengthy answer and debate that would ensue.
I don’t know why anyone would take this article seriously. It’s so scant on detail and just one ruling doesn’t mean that the records cannot be retrieved, especially via more unscrupulous methods…
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