February 13, 2010
Mobile-Phone Tracking Violates Privacy, Lawyers Tell Court
The U.S. governmentís request to track a mobile-phone subscriberís usage and possible physical location in a case involving a drug investigation violates privacy laws, lawyers against the proposal argued to a federal appeals court, reports Business Week.
The government already has lost two lower-court bids for an application requiring the phone service providers to release usage records of a suspect in a narcotics probe. A federal magistrate and then a district judge in Pittsburgh ruled that the U.S. Constitutionís Fourth Amendment requires the government to seek a warrant based on probable cause to compel a carrier to disclose the records, according to court documents.
Mark Eckenwiler, an attorney for the government, argued yesterday that the request doesnít violate the Fourth Amendmentís ban on unreasonable searches because the records provide only a general indication of the userís whereabouts at certain times.
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