Locational wireless and social media-based surveillance

The number of smartphones and tablets as well as the volume of traffic generated by these devices has been growing constantly over the past decade and this growth is predicted to continue at an increasing rate over the next five years. Numerous native features built into contemporary smart devices enable highly accurate digital fingerprinting techniques. Furthermore, software developers have been taking advantage of locational capabilities of these devices by building applications and social media services that enable convenient sharing of information tied to geographical locations. Mass online sharing resulted in a large volume of locational and personal data being publicly available for extraction. A number of researchers have used this opportunity to design and build tools for a variety of uses – both respectable and nefarious. Furthermore, due to the peculiarities of the IEEE 802.11 specification, wireless-enabled smart devices disclose a number of attributes, which can be observed via passive monitoring. These attributes coupled with the information that can be extracted using social media APIs present an opportunity for research into locational surveillance, device fingerprinting and device user identification techniques. This paper presents an in-progress research study and details the findings to date

Stopping Police in Their Tracks: Protecting Cellular Location Information Privacy in the Twenty-First Century

Only a small fraction of law enforcement agencies in the United States obtain a warrant before tracking the cell phones of suspects and persons of interest. This is due, in part, to the fact that courts have struggled to keep pace with a changing technological landscape. Indeed, courts around the country have issued a disparate array of holdings on the issue of warrantless cell phone tracking. This lack of judicial uniformity has led to confusion for both law enforcement agencies and the public alike. In order to protect reasonable expectations of privacy in the twenty-first century, Congress should pass legislation requiring law-enforcement agencies to obtain a warrant based upon probable cause before they can track a cell phone except in a limited set of time-sensitive situations and emergencies. This Issue Brief describes the technology police use to track cell phones, discusses the need for federal legislation, concludes that current Fourth Amendment jurisprudence is inadequate to address cell phone tracking, analyzes two bills dealing with “geolocation information” privacy that legislators have introduced in Congress, and ultimately concludes that one of those bills is superior to the other