Judge Rules Law Enforcement Must Have a Warrant To Access Your Location Data

Good news today from our judicial system thanks to United States Judge Lynn Hughes who put the smackdown on a recently passed law that allowed for law enforcement to obtain location data records without a warrant or probably cause. Judge Kibosh ruled the law “unconstitutional” saying,

“When the government requests records from cellular services, data disclosing the location of the telephone at the time of particular calls may be acquired only by a warrant issued on probable cause. These data are constitutionally protected from this intrusion.”

As a refresher, the government’s argument for warrantless access to cellular data records claims that the Stored Communication Act eliminates the need for a warrant or probable cause on the idea that users give up a certain amount of privacy rights (all of them) when they sign up for service from a 3rd part company like as carrier.

Score 1 for the people.

[WSJ via Electronista]

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  • http://pulse.yahoo.com/_F7V6C22THBTBKRFS6G2WKDKTOU eric

    checks and balances..finally works

  • http://phandroid.com ganj_420

    …Nice!

  • JulianZHuang

    Apple granted a broad location-services patent

  • Justin Lackey

    Epic win

  • sherry

    fabulous news

  • DarrenR

    This is definitely a win for us all!

  • David Lu

    Nice editing skills phandroid…

  • Gladiator_Posse

    Shouldn’t have even been a question. Police are out of control.

  • acey_zero

    Finally some good news.  Couldn’t they just use the Patriot act if they want to do this though?  Now we just need to get that repealed…

  • http://www.facebook.com/people/Ryan-Duncan/1611211991 Ryan Duncan

    So, I guess “Kibosh” isn’t just a clever name. Look it up.