Tuesday, December 27, 2011

Governmental Tracking of Cell Phones and Vehicles: The Confluence of Privacy, Technology, and Law

From the summary: "Technology has advanced considerably since the framers established the constitutional parameters for searches and seizures in the Fourth Amendment. What were ink quills and parchment are now cell phones and the Internet. It is undeniable that these advances in technology threaten to diminish privacy. Law enforcement’s use of cell phones and GPS devices to track an individual’s movements brings into sharp relief the challenge of reconciling technology, privacy, and law….

This report will briefly survey Fourth Amendment law as it pertains to the government’s tracking programs. It will then summarize federal electronic surveillance statutes and the case law surrounding cell phone location tracking. Next, the report will describe the GPS-vehicle tracking cases and review the pending Supreme Court GPS tracking case, United States v. Jones. Finally, the report will summarize the geolocation and electronic surveillance legislation introduced in the 112th Congress." Read more