07.01.2015 - 06:30 [ Techdirt ]

Court Asked Why There‘s No Expectation Of Privacy In Cell Location Data, But An Expectation Of Privacy In The Cellphone Itself

The government continues to argue that the Third Party Doctrine trumps the Fourth Amendment. Almost any „business record“ created intentionally or inadvertently can be had by the government without a warrant. Even if the citizen in question has no ability to control what‘s collected by third parties (without forgoing the service entirely) or is completely unaware that it‘s happening, the government claims records of this type have no expectation of privacy.