1,937 research outputs found

    Cell Phone Location Tracking: Reforming the Standard to Reflect Modern Privacy Expectations

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    The article examines the history of cell site location information (CSLI) technology and the relevant federal statutes. Topics discussed include mechanics and content of CSLI data; advances in CSLI technology and the importance of this information to law enforcement; and need of Louisiana legislature be proactive in adopting a comprehensive CSLI

    \u3cem\u3eCellphones, Stingrays, and Searches!\u3c/em\u3e An Inquiry into the Legality of Cellular Location Information

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    Can the Fourth Amendment protect an individual’s right privacy by preventing the disclosure of her location through cell site location information? Does it currently? Should it? Many court opinions answer these questions in both the affirmative and the negative. The rationale underlying each conclusion is disparate. Some rely on statutory regimes, others rely on the United States Supreme Court’s interpretation of reasonableness. However, Cell Site Location Information is a technology that requires uniformity in its interpretation. This note investigates the different interpretations of the Fourth Amendment as it relates to Cell Site Location Information. It explains the technology behind Cell Site Location Information, and then proffers a framework to unify the analysis of whether there is an expectation in Cell Site Location Information by modifying the U.S. Supreme Court’s Katz test. This note does not seek to offer an opinion on whether Cell Site Location Information should be within the zone of reasonable privacy expectations. Instead, the analytical framework internalizes the privacy interests of the individual and the governmental interest in ferreting out crime. It is striking this balance when analyzing these issues that will help the courts to uniformly investigate the privacy implications of Cell Site Location Information

    \u3cem\u3eCellphones, Stingrays, and Searches!\u3c/em\u3e An Inquiry into the Legality of Cellular Location Information

    Get PDF
    Can the Fourth Amendment protect an individual’s right privacy by preventing the disclosure of her location through cell site location information? Does it currently? Should it? Many court opinions answer these questions in both the affirmative and the negative. The rationale underlying each conclusion is disparate. Some rely on statutory regimes, others rely on the United States Supreme Court’s interpretation of reasonableness. However, Cell Site Location Information is a technology that requires uniformity in its interpretation. This note investigates the different interpretations of the Fourth Amendment as it relates to Cell Site Location Information. It explains the technology behind Cell Site Location Information, and then proffers a framework to unify the analysis of whether there is an expectation in Cell Site Location Information by modifying the U.S. Supreme Court’s Katz test. This note does not seek to offer an opinion on whether Cell Site Location Information should be within the zone of reasonable privacy expectations. Instead, the analytical framework internalizes the privacy interests of the individual and the governmental interest in ferreting out crime. It is striking this balance when analyzing these issues that will help the courts to uniformly investigate the privacy implications of Cell Site Location Information

    A Check-in on Privacy after United States v. Jones: Current Fourth Amendment Jurisprudence in the Context of Location-Based Applications and Services

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    This note will discuss whether current Fourth Amendment jurisprudence adequately protects user location information obtained from location-based services ( LBS ), and if not, what changes can be made to ensure our right to privacy in this digital information. In Part I, the concept of LBS and a technical description of how it works is discussed. Part II summarizes the Supreme Court\u27s recent decision in United States v. Jones on warrantless prolonged use of a GPS tracking device and will outline the Fourth Amendment jurisprudence underpinning the Court\u27s logic. Part III delivers an in-depth description of federal statutory law that applies to the seizure of electronic information. Part IV debates whether and to what extent LBS user location data is protected under applicable federal statutes and will analogize to current case law on similar electronic communications. Part V surveys recently proposed reforms to the Electronic Communications Privacy Act of 1986 ( ECPA ). This note concludes that LBS user location information-and electronic communications generally-must receive Fourth Amendment protection, despite the fact that they are transmitted through intermediaries and their content is possibly shared with more than one person. The law changes incrementally, while technology does not. Technological change is disruptive. Current Fourth Amendment jurisprudence is outdated and will soon be overwhelmed, structurally unable to bear the wave of new LBS on the horizon. As information technology continues to reshape American life, we need clear and strong rules to protect the privacy of our electronic communications. The goal of this note is to emphasize the importance of treating electronic communications, including LBS user location information, with the restraint dictated by the Fourth Amendment

    Privacy and Security Implications in COVID-19 Tracking/Tracing Apps

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    The problem addressed by this research paper is the lack of data security and privacy in COVID-19 tracking and tracing mobile applications. There have been reports of countless COVID-19 tracking and tracing apps leaking data and making use of geo location, which has left users fearful of their data being misused. This research intends to examine and investigate those mobile applications, their features, and their working mechanisms to disclose potential threats to user data. In case the personal user data gets in the hands of people with ill intentions, the data can be misused to commit illegal activities, putting the lives and legal records of users directly in harm. Hence, this is a crucial topic to be studied and solved in the current times. This research paper will firstly be explaining terms like tracking and tracing in order to make the concept of these mobile applications clearer to the readers. Additionally, this research paper will be presenting a list of all the COVID-19 tracking and tracing that have been available and are active around the world, including the USA. Furthermore, this research paper will be presenting cases of COVID-19 tracking and tracing apps that have been found to have violated user privacy and data security. Then, this research paper will be investigating the features of these faulty covid-19 tracking and tracing applications for flaws that result in unauthorized data sharing. After that, this research paper will be making educating recommendations and suggestions to users to prevent unauthorized data sharing and disruption of their data privacy. Lastly, this research paper will be studying multiple researches done on the same topic previously by researchers around the world and will be providing critical review on those research papers published before this one. By performing research on all the previously mentioned topics, this research paper intends to contribute to the process of solving user privacy and data security issues in COVID-19 tracking and tracing applications
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