Mass phone tracking via cell tower dumps ruled unconstitutional

[airplanemechanic]

Then it should be like when they subpoena a lawyers e-mails. Since some are lawyer-client privileged, they set up a "filter team" that separates our any privileged communications, and only forwards the records responsive to the subpoena.

That filter team is known as the cell phone company. Ask them for info on a particular person and they'll give it to you.

 

[martybegan]

That filter team is known as the cell phone company. Ask them for info on a particular person and they'll give it to you.

3 months later.

 

[CrusaderFrank]

Mass phone tracking via cell tower dumps ruled unconstitutional

The case at the center of this ruling involves Cory Spurlock, who faces serious charges including conspiracy to distribute marijuana and alleged involvement in a murder-for-hire plot....

www.techspot.com

What just happened? A pivotal legal decision has emerged from Nevada, where a federal judge has questioned the constitutionality of a controversial investigative tool known as a "tower dump." This law enforcement method allows police to collect data en masse from cell towers, capturing information on every device that connects to a tower during a specific time window. The practice, which can sweep up the location and identifying details of thousands of cell phones, has been widely used to aid criminal investigations – and has also sparked intense debate over privacy and constitutional rights.

In her written opinion, US District Judge Miranda M. Du agreed, ruling that the tower dump constituted a search under the Fourth Amendment and that the warrant failed to meet constitutional standards for specificity and probable cause.

Note this is a district court ruling. DOJ is appealing a similar ruling in Mississippi. Hopefully the MS case makes it to SCOTUS by next year.

Now lets get rid of plate readers, traffic cameras, and anything else LEO's use to encroach on our privacy.

I wish it could be extended to companies that use your info too but those "I agree to the terms" folks click on precludes that.

In this case an Obama Judge did good.....Sorta cute too.

Bravo!!

 

[airplanemechanic]

Then who does the search?

Who pays the cell company do to the search?

Nobody pays a cell company for information. Just like if you're subpoenaed to provide your location on a particular day, nobody pays you for that. If you don't do it you can and will be found in contempt of court.

 

[airplanemechanic]

3 months later.

That's their problem, you don't violate peoples rights because it's fast.

 

[martybegan]

Nobody pays a cell company for information. Just like if you're subpoenaed to provide your location on a particular day, nobody pays you for that. If you don't do it you can and will be found in contempt of court.

After a few months of legal wrangling.

 

[martybegan]

That's their problem, you don't violate peoples rights because it's fast.

The solution was to make the police search for the data in question.

Sorry, but I don't deal with people who just complain and then don't offer solutions to the issue.

It's intellectually lazy.

 

[Delldude]

Then how did 2000 Mules get the cell phone data dumps to allegedly track mules to the vicinity of ballot boxes?

Geofencing.

 

[postman]

Search the cell data for this guy's information.

No different than asking a bank for EVERYONE's ATM transactions, so they can search for their guy's transactions.

If the subpoena is for the needle in the haystack, you can't subpoena the haystack.

 

[airplanemechanic]

The solution was to make the police search for the data in question.

Sorry, but I don't deal with people who just complain and then don't offer solutions to the issue.

It's intellectually lazy.

It's not up to me to offer solutions because I didn't create the problem.

But I WILL stand up for our rights.

 

[postman]

The solution was to make the police search for the data in question.

Sorry, but I don't deal with people who just complain and then don't offer solutions to the issue.

It's intellectually lazy.

I already suggested they require a separate filter team.

 

[martybegan]

No different than asking a bank for EVERYONE's ATM transactions, so they can search for their guy's transactions.

If the subpoena is for the needle in the haystack, you can't subpoena the haystack.

Actually just the time of the transaction.

 

[martybegan]

It's not up to me to offer solutions because I didn't create the problem.

But I WILL stand up for our rights.

Know nothing.

 

[martybegan]

I already suggested they require a separate filter team.

And people are dismissing that as well.

Sorry, might have gotten my responses mixed up.

 

[postman]

Nobody pays a cell company for information. Just like if you're subpoenaed to provide your location on a particular day, nobody pays you for that. If you don't do it you can and will be found in contempt of court.

Yes, in certain circumstances, a person receiving a subpoena duces tecum (a legal order to produce documents) may be entitled to reimbursement for the costs of complying with it, especially if they are a non-party to the lawsuit. This includes expenses like search and retrieval of documents, copying, and transportation.

 

[Delldude]

No different than asking a bank for EVERYONE's ATM transactions, so they can search for their guy's transactions.

If the subpoena is for the needle in the haystack, you can't subpoena the haystack.

NSA don't piss around with no pesky subpoenas.

 

[airplanemechanic]

Yes, in certain circumstances, a person receiving a subpoena duces tecum (a legal order to produce documents) may be entitled to reimbursement for the costs of complying with it, especially if they are a non-party to the lawsuit. This includes expenses like search and retrieval of documents, copying, and transportation.

Good luck with that.

 

[The Sage of Main Street]

Mass phone tracking via cell tower dumps ruled unconstitutional

The case at the center of this ruling involves Cory Spurlock, who faces serious charges including conspiracy to distribute marijuana and alleged involvement in a murder-for-hire plot....

www.techspot.com

What just happened? A pivotal legal decision has emerged from Nevada, where a federal judge has questioned the constitutionality of a controversial investigative tool known as a "tower dump." This law enforcement method allows police to collect data en masse from cell towers, capturing information on every device that connects to a tower during a specific time window. The practice, which can sweep up the location and identifying details of thousands of cell phones, has been widely used to aid criminal investigations – and has also sparked intense debate over privacy and constitutional rights.

In her written opinion, US District Judge Miranda M. Du agreed, ruling that the tower dump constituted a search under the Fourth Amendment and that the warrant failed to meet constitutional standards for specificity and probable cause.

Note this is a district court ruling. DOJ is appealing a similar ruling in Mississippi. Hopefully the MS case makes it to SCOTUS by next year.

Now lets get rid of plate readers, traffic cameras, and anything else LEO's use to encroach on our privacy.

I wish it could be extended to companies that use your info too but those "I agree to the terms" folks click on precludes that.

In this case an Obama Judge did good.....Sorta cute too.

All Criminals Love Us

I'd rather take my chances with the police than with all the criminals the courts, lawyers, and the anti-democratic Constitution turn loose on us.

 

[The Duke]

Here's the thing though, where is the expected privacy when your device is actually signaling your location intentionally?

It is effectively constantly broadcasting "I am here"

About every 9 seconds, I think. There are no secrets.
If the carriers ain't got it, Google does. There needs to be more carriers, that's for sure.

 

[The Sage of Main Street]

This is why I dont have an active cell phone and when I do it is only used for emergencies and rarely leaves my home. I only bought it for work purposes. I am not alone based on online comments Ive read by libertarians. Cell phones in which the battery can be removed also avoids this broad activity. The Creepy Ones in Canada dont need excuses to violate citizens rights since they do it regularly and the only Americans who support their methods would be the same weak people who would have collaborated with the nazis as far as I am concerned.

Decadent Selfishness Leads to Civil Rights for the Uncivilized

Liberals and Libertarians have an evil motive in preaching paranoia about "civil liberties." These egoists only think about themselves and don't care about the harm their propaganda does to the public, which they feel superior to and picked on by.