 VigThread-safe since 1997Premium
join:2004-03-23
San Diego, CA | reply to amigo_boy
Re: 911? said by amigo_boy:So, I think the important question is whether existing federal law treats position data the same as call records. If not, should people start a movement to press for that kind of statutory protection? This is exactly the question to ask. It's a long-established legal principle that people have an "expectation of privacy" in their phone conversations even though phone service is nothing more than a "consensual consumer relationship" with the phone company. There is not a long-standing precedent for location data because it only recently became commonplace for everyone to carry a potential tracking device.
It would be in keeping with the spirit of the 4th amendment if all these new streams of data were to be considered part of a reasonable expectation of privacy unless otherwise ruled for a compelling reason. Until there's enough body of law to establish precedent, though, there will be great pressure from business interests and law enforcement to maintain a free-for-all use of such data because it makes it easier to achieve their goals. |
