Most Americans Object to Government Tracking of Their Activities Through Cellphones

Byron Tau:

A new survey found widespread concern among Americans about government tracking of their whereabouts through their digital devices, with an overwhelming majority saying that a warrant should be required to obtain such data.

A new Harris Poll survey indicated that 55% of American adults are worried that government agencies are tracking them through location data generated from their cellphones and other digital devices. The poll also found that 77% of Americans believe the government should get a warrant to buy the kind of detailed location information that is frequently purchased and sold on the commercial market by data brokers.

The Wall Street Journal has reported that several U.S. law-enforcement agencies are buying geolocation data from brokers for criminal-law enforcement and border-security purposes without any court oversight.

Federal agencies have concluded that they don’t require a warrant because the location data is available for purchase on the open market. The U.S. Supreme Court ruled in 2018 that a warrant is required to compel cellphone carriers to turn over location data to law enforcement, but it hasn’t addressed whether consumers have any expectation of privacy or due process in data generated from apps rather than carriers.