Jun 152011
 
 June 15, 2011  Laws, Surveillance

Jennifer Granick writes:

… The new GPS Act would mandate a warrant for officers to obtain GPS and cell tracking information, regardless of whether the information was stored or obtained in real time. This is savvy because geolocation data can be equally revealing whether stored or contemporaneously received, and because the distinction, a legacy from the 1986 Electronic Communications Privacy Act, doesn’t make much sense in a store-and-forward world. The bill also would make it a crime for anyone to obtain or disclose unpublished geolocation information unless pursuant to a warrant, the Foreign Intelligence Surveillance Act or consent. To incentivize compliance, illegally obtained information would be excluded from courtroom use, and injured parties could sue civilly for actual or statutory damages and attorney’s fees.

Read more on Law Across the Wire and Into the Cloud

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