The court rejected an argument that collecting phone location data without a warrant violates the Fourth Amendment
By Nadia Prupis, staff writer for Common Dreams. Published 4-14-2016
The panel referred to a 1979 ruling in which the U.S. Supreme Court held that the numbers dialed on a landline are not protected by the Fourth Amendment because the caller willingly gives that data to phone companies. (Photo: Graeme Peterson/flickr/cc)
In a show of “complete disregard” for privacy, a federal appellate court on Wednesday ruled that the warrantless collection of cell phone location data is constitutional.
The Sixth Circuit Court of Appeals ruled in United States v. Carpenter that law enforcement can legally request cell site location information (CSLI) without a warrant on the grounds that routing data, which is not as accurate as GPS coordinates, is not protected under the Fourth Amendment.
But as Jennifer Lynch, senior staff attorney with the digital rights group Electronic Frontier Foundation, wrote in a blog post responding to the ruling, “The opinion shows a complete disregard for the sensitive and revealing nature of [CSLI] and a misguided response to the differences between the analog technologies addressed in old cases and the data-rich technologies of today.” Continue reading