Law enforcement’s use of warrants sweeping smartphone location data requires privacy protections, court rules.
“An individual has a reasonable expectation of privacy in records about his cell phone’s location, and police intrude on that constitutionally protected interest when they demand the information – even though for only a limited time, and from a third-party tech company,” Kagan wrote.
The judges ruled 6-3 in Chatrie v US, against the government, in a case that has been widely viewed as a test of how privacy rights translate into a new digital era.
The use of geofence warrants is widespread, and gives law enforcement agencies the power to compel tech companies to hand over sensitive cell phone data from people at or near crime scenes. The warrants allow police and the FBI to collect this information from individuals within the radius of a virtual “fence” during a particular timeframe. But they are not restricted to requesting data for precise targets.