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Tech Giants to Supreme Court: Protect Cell Phone Data

In advance of the Supreme Court weighing in on the subject this fall, a number of top tech firms this week argued that when it comes to police enforcement access to customer cell phone records, "expectations of privacy in the digital age" should outweigh "rigid analog-era rules."

SecurityWatchLater this year, justices will consider whether police need a warrant based on probable cause before accessing jail cell phone location records from wireless carriers. On Monday, a group of tech giants—including Apple, Facebook, Google, Twitter and Verizon—filed a cursory with the Supreme Courtroom arguing that the Quaternary Amendment, which protects against "unreasonable" searches and seizures past law enforcement, "must adapt to the changing realities of the digital era."

"Rather than adhere to rigid Fourth Amendment 'on/off' switches developed in the analog context, courts should take a more flexible approach that realistically reflects the privacy people expect in today's digital environment," said the group—which also includes Microsoft, Airbnb, Cisco Systems, Dropbox, Evernote, Mozilla, Nest Labs, Oath, and Snap.

"Courts should focus on the sensitivity of the data at issue and the circumstances of its transmission to third parties. That approach would better reflect the realities of today's digital technologies and accommodate the technologies of the future."

The American Ceremonious Liberties Union (ACLU), which is serving as co-counsel in the case, argues that because cell telephone location records offer a wealth of individual details about people's lives — such as their personal relationships, visits to the doctor, or religious practices — they should be covered by the protections of the Fourth Subpoena.

"The tech firms are sending a very clear message that the law needs to catch upwards with the engineering that is now an integral role of our everyday lives," ACLU chaser Nathan Freed Wessler said in a argument.

In Carpenter v. Us, the ACLU is representing Timothy Carpenter, who was convicted of robbery in Detroit, based in part on months' worth of telephone location records the government obtained in 2022 without a probable crusade warrant. The records covered 127 days, revealing 12,898 separate points of location information.

"Carpenter'due south call records reveal that over the class of 4 months, his phone was located in more 200 split up prison cell tower sectors," the ACLU said. "These records provide a very detailed accounting of everywhere he went."

Almost Angela Moscaritolo

Source: https://sea.pcmag.com/news/17023/tech-giants-to-supreme-court-protect-cell-phone-data

Posted by: williamshapanke.blogspot.com

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