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Your Cell Phone Knows Where You Were Last Night . . . Who Else Does?

Allie Bohm,
Policy Counsel,
NYCLU
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August 3, 2011

Today, 34 老澳门开奖结果 affiliates are filing 379 public records requests in 31 states around the nation, seeking information about how our local law enforcement agencies are using our cell phone location information to track us.

Chances are you鈥檙e walking around with a tracking device in your purse or pocket 鈥 a cell phone. Location data from your cell phone can make it easy to get directions or locate the nearest coffee shop, leaving no doubt that . Even if you use a , cell phones constantly send out signals searching for the nearest cell tower in order to make sure your calls actually go through 鈥 and companies can based on your proximity to nearby towers . The amount of time they store this information, and in how much detail, . (Remember the public outrage over Apple鈥檚 surreptitious storage of iPhone and iPad user鈥檚 location information a few months ago?)

Map Of Public Records Requests

Check out our interactive map to see what agencies we've requested records from in YOUR state!

What鈥檚 revealed by this perpetual tracking can be intensely personal; as a court , one鈥檚 location might reveal 鈥渨hether he is a weekly church goer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individuals or political groups 鈥 and not just one such fact about a person, but all such facts.鈥漁kay, I hear you thinking, 鈥淩ight, but I鈥檓 not a criminal. Why should I care?鈥 Think again. Law enforcement鈥檚 use of cell phone location data has been widespread for years. In fact, just last week, Sen. Ron Wyden (D-Ore.) asked Matthew Olsen, current general counsel for the National Security Agency and President Obama鈥檚 nominee to head the National Counterterrorism Center, whether the government can use cell phone location data to track Americans in the United States. , 鈥淭here are certain circumstances where that authority may exist.鈥 Cagey much?

Here鈥檚 what we do know: in 2010, FBI agents investigating a series of bank robberies of every cell phone that was near each bank when it was robbed. That same year, Michigan police officers about every cell phone near the site of a planned labor protest.

You might be asking yourself, 鈥渉ow can they do this?鈥 Our laws simply haven鈥檛 kept pace with new technology. Furthermore, while we believe that law enforcement should always be based on probable cause to access cell phone location information, the scary truth is that they don鈥檛 always obtain said warrant, and courts don鈥檛 always insist that they do.

What鈥檚 more, much of this jurisprudence is , leaving the public in the dark about when our location information is sought and under what standards. And you were wondering why we only had two examples.

In order to lift the veil on this secrecy 鈥 and uncover some more examples of when, why, and how law enforcement agencies are using our cell phone location data to track us 鈥 34 老澳门开奖结果 affiliates are filing public records requests with 379 agencies seeking information including:

  • whether law enforcement agents demonstrate probable cause and obtain a warrant to access cell phone location data;
  • statistics on how frequently law enforcement agencies obtain cell phone location data;
  • how much money law enforcement agencies spend tracking cell phones and
  • other policies and procedures used for acquiring location data.

We鈥檒l keep you posted on what we learn. In the meantime, Sen. Wyden (D-OR) and Rep. Chaffetz (R-UT) have introduced bills that would create location privacy protections for law enforcement and the commercial sector. .

Supporting the Wyden/Chaffetz bill is just one way to -- we shouldn鈥檛 have to pay for our cell phones with our privacy rights.

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