Drudge Retort: The Other Side of the News
Sunday, June 15, 2014

The Eleventh Circuit Court of Appeals said no this week to tracking your movements using data from your cell phone without a warrant when it declared that this information is constitutionally protected. The Davis decision, suggests that the U.S. government's collection of other kinds of business records and transactional data, called "metadata," for law enforcement and national security collection may also be unconstitutional.

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PunchyPossum

 

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The prosecution had argued that cell tracking without a warrant is constitutional per the 1979 case Smith v. Maryland. In that case, the Supreme Court said that phone users have no "reasonable expectation of privacy" in the phone numbers they dial, and therefore they aren't protected under the Fourth Amendment. Key to the Smith case was the Court's view that the suspect had knowingly disclosed the phone numbers to the phone company and therefore had no protection with regard to them. Additionally, Smith built on the 1976 case of United States v. Miller, which held that a person does not have Fourth Amendment rights in their bank records because they are the bank's business records and not the customer's private data. Together the cases are known as the "third-party doctrine," which says that you have no Fourth Amendment interest in a third party's business records because you have voluntarily disclosed information to the business and assumed the risk of that information being further disclosed to the government.

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But but but how can we keep our nation secure when there can not be a net thrown over all the citizens so authorities can know their every action,thought and move?

Suggestion--instead of the net being thrown over the citizenry, that it be thrown over our elected officials so their actions, thoughts, and moves are made transparent to the people.

#1 | Posted by Robson at 2014-06-15 08:14 AM | Reply | Flag:

The nsa/cia/etc are and have always been fascist terrorist organizations. Their function is to keep the sheeple in line. That was their function when they were created, and still is.

#2 | Posted by Shawn at 2014-06-15 10:16 AM | Reply | Flag: | Funny: 1

LEGALLY PRIVATE is different from UNKNOWN.

They have the technology to track you and will use it if they want. They just can't use it as evidence in court.

#3 | Posted by SpeakSoftly at 2014-06-15 03:13 PM | Reply | Flag: | Newsworthy 1

Together the cases are known as the "third-party doctrine," which says that you have no Fourth Amendment interest in a third party's business records because you have voluntarily disclosed information to the business and assumed the risk of that information being further disclosed to the government.

Which is -------- when the government also has laws granting them access to that information. The "risk" is more properly called a guarantee.

The courts are providing legal cover for the alignment of government and corporate interests.

#4 | Posted by snoofy at 2014-06-16 12:51 AM | Reply | Flag:

#4 | Posted by snoofy

Snoofy the 3rd party doctrine by the rules of this judgement is no longer Valid but I am sure it will go all the way to the Supreme court

#5 | Posted by PunchyPossum at 2014-06-16 06:45 AM | Reply | Flag:

Nonsense. Activist judges.

The Constitution does not innumerate ANY rights to mobile phone usage, or, for that matter, usage of any telephone at all, therefore, security of such usage is not Constitutionally guaranteed.

#6 | Posted by RevDarko at 2014-06-16 07:19 AM | Reply | Flag: | Funny: 2

This is why a consumer society based on material goods is perfect for a Police State.
Sure we created a system where all these technological devices are necessary, but by using them, you give up all rights.

#7 | Posted by TFDNihilist at 2014-06-16 08:06 AM | Reply | Flag:

Who cares if the government has this power! Do I have the only Machiavellian mind in the room? If I'm doing something I'm not supposed to be doing, I just leave my phone at home or, better still, give it to an accomplice who takes it someplace perfectly legal and provides an alibi for me.

#8 | Posted by hawk at 2014-06-16 09:25 AM | Reply | Flag:

6: I don't know if you meant it as funny, but I hope you did 'cause it was.

This was a lower-level appeals court, not SCOTUS. Let's see what happens when it gets there...

#9 | Posted by pragmatist at 2014-06-16 09:33 AM | Reply | Flag:

Yes, Prag, it was meant as a joke.

#10 | Posted by RevDarko at 2014-06-16 11:59 AM | Reply | Flag:

Sure we created a system where all these technological devices are necessary, but by using them, you give up all rights.
#7 | Posted by TFDNihilist

Exactly. It won't be long until we have enough cameras and enough computers to track everybody's movements. Every cell phone tower will inform Big Brother of your location, and if you don't like it your only option is to not have a cell phone. The situation's not much better with a land line. Automated license plate readers will inform Big Brother of your car's location, and if you don't like it your only option is not to drive.

Freedom's just another word for nothing left to lose.

#11 | Posted by snoofy at 2014-06-16 01:12 PM | Reply | Flag: | Newsworthy 1

#11 | Posted by snoofy at

You get newsworthy from me just because I love that song, both Kris Kristofferson who originally wrote it and Janis Joplin's version

#12 | Posted by PunchyPossum at 2014-06-17 01:49 AM | Reply | Flag:

"The Eleventh Circuit Court of Appeals said no this week to tracking your movements using data from your cell phone without a warrant when it declared that this information is constitutionally protected."

And police agencies around the nation laughed and laughed and laughed.

#13 | Posted by 726 at 2014-06-17 07:54 AM | Reply | Flag:

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