“Today the Supreme Court will hear arguments in Carpenter v. United States, a major Fourth Amendment case that questions whether the police can access your phone’s location data without a warrant. The government argues that it should always be entitled to that information, no questions asked, because the 95 percent of American adults who own cell phones choose to give up that information ‘voluntarily,'” Selbst and Ticona write. “Because cell phones transmit that data automatically, however, cell phone users have no choice in revealing their location. Therefore, the only action that could be ‘voluntary’ is owning or using a cell phone.”
“The problem is that cell phones are no longer meaningfully voluntary in modern society. They have become central to society’s basic functions, such as employment, public safety, and government services,” Selbst and Ticona write. “When they hear oral argument this morning, the Supreme Court justices… will have to confront the fact that absent a ruling that requires police departments to obtain warrants to retrieve cell phone location data, cell phones will render our lives involuntarily transparent. At its core, the Carpenter case is about whether Americans’ rights to privacy should turn on whether they “voluntarily” choose to have a cell phone. We hope the Court realizes that it’s really no choice at all.”
Read more in the full article here.
MacDailyNews Take: Again, hopefully The Supremes get it right and require a warrant for such information. The U.S. Supreme court should block unconstitutional warrantless cellphone tracking.
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