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Texas judge says warrantless cellphone tracking violates Fourth Amendment, saga continues
11/18/2011




Rev up the bureaucratic turbines, because a judge in Texas has firm that warrantless cellphone visual tracking station is indeed unconstitutional. In a brief decision issued earlier this month, US precinct Judge Lynn N. Hughes of the Southern commune of Texas argued that seizing cellphone records without a search warrant constitutes a trespass




roget's ii: the new thesaurusmain entry:sacrilege
part of speech:noun
definition:an act of disrespect or impiety toward something regarded as sacred.
blasphemy of the Fourth Amendment. "The records would show the date, time, called number, and where of the jingle when the call was made," Judge Hughes wrote in the ruling, linked below. "These data are constitutionally protected from this intrusion." The decision comes in reaction to an earlier ruling issued last year by jurist Judge Stephen Smith, also of the Southern department of Texas. In that case, Judge Smith argued against unwarranted wiretapping on similarly congenital grounds, pointing out that with today's radar tracking station technology, every aspect of a suspect's life could be "imperceptibly captured, compiled, and retrieved from a digital dossier somewheres in a micro* cloud."



The federal polity appealed Judge Smith's ruling on the grounds that the Fourth reformation would not apply to cellphone tracking, because "a consumer has no privacy interest in job records held by a cell phone provider, as they are not the customer's private papers." Judge Hughes' decision, however, effectively overrules this appeal. "When the uncle sam* requests records from cellular services, data disclosing the district of the dial at the time of factor




roget's ii: the new thesaurusmain entryetail
part of speech:noun
definition:a small calls may be hiv only by a warrant issued on likely cause," Judge Hughes wrote. "The touchstone under is below that essential by the Constitution." The law in question, of course, is the Stored Communications Act -- a law bundled under the ebanking Communications Privacy Act of 1986, which allows trustees to obtain e-banking records without a warrant. This month's decision implicitly calls for this law to be reconsidered or revised, though it's doubtlessly not the only ruling to invite it, and it likely won't be the last, either.

Texas judge says warrantless cellphone mission control violates Fourth Amendment, saga continues basically appeared on Engadget on Fri, 18 Nov 2011 10:58:00 EDT. Please see our terms for use of feeds.

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