September 14th, 2008
Judge: Probable cause required for location info
Yes! A federal judge ruled Friday that the government must have probable cause before ordering cellphone companies to turn over location-identifying data, The Washington Post reports.
Only one problem: The decision, by U.S. Magistrate Judge Lisa Pupo Lenihan, is “very likely wrong” and faces “an uphill battle on appeal,” says Orin Kerr, a con law professor at George Washington University.
Maybe. But:
This is a great ruling for location privacy and for people who think the government should have probable cause before they track you,” said Jennifer Granick, an attorney with the Electronic Frontier Foundation.
It’s the first time a decision has been rendered on the sensitive question of cellphone tower location information. This opinion strikes a blow for the idea that the government can’t collect this data willy-nilly but only with probable cause (the Fourth Amendment standard, after all).
As they say in the media business: One thing’s for certain; this is not the last word here.
