Maryland attorney general Brian E Frosh has filed a brief appealing a decision in the case of Kerron Andrews, who was tracked by a Stingray cell-phone surveillance device.
In the brief, Frosh argued that in not turning off his cellphone, Andrews had consented to warrantless government surveillance, because phones' locations can be derived by an examination of phone company records.
“The government has indeed repeatedly argued that there is no [reasonable expectation of privacy] in cell phone location information, in court and out,” Nathan Wessler, a staff attorney with the ACLU's speech, privacy and technology project, told Motherboard in an email. “In cases involving historical cell site location information, the government has danced around this argument, arguing that phone users give up their expectation of privacy in their location information merely by making and receiving calls.”
Now the state of Maryland is saying that simply having a cell phone switched on is enough to nullify that protection, something which police, prosecutors and courts have hinted at before.
“Andrews … was quite aware that he was bringing his own cell phone into the house. And he was quite capable of turning it off,” the state wrote. “The issue is whether Andrews can claim an objectively reasonable expectation of privacy in information which he was voluntarily broadcasting to third parties at all times.”
Maryland Attorney General: If You Don't Want To Be Tracked, Turn Off Your Phone
(Image: OpenClipartVectors, EFF)
A warning for the good people of Wyoming! You never know when a trigger-happy Colorado cop might drop by to see the sights. Emily Mieure, from The Jackson Hole News & Guide: “Mr. Becerra, a diminutive 17-year-old Hispanic resident, was late one morning and running to catch his bus after leaving the apartment where he […]
Pangea was founded by Al Goldstein, a Deutsche Bank investment banker who quit to found a massive, intercontinental payday lending outfit; he tapped the investors that he enriched with his payday lending business to stake him $180 million and bought up thousands of low-rent buildings in Chicago's poorest neighborhoods (which are also Chicago's blackest neighborhoods).
In 2014, Quentin Tarantino sued Gawker for publishing a link to a leaked pre-release screener of his movie "The Hateful Eight." The ensuing court-case revealed that the screeners Tarantino's company had released had some forensic "traitor tracing" features to enable them to track down the identities of people who leaked copies.
Heads up: The clock is winding down on a free-entry contest to win not only one of the best smartphones on the market but a handy pair of earbuds. A simple sign-up is all you need to be eligible to win a 256 GB iPhone XS Max, along with AirPods. And while “free” is tough […]
Kudos to those of us who have chosen a less wasteful third option to “paper or plastic” at the supermarket or club stores. Tote bags are reusable, but they can be a pain to tote around. Here’s an upgrade to that planet-saving measure. The Club Cart Lotus Trolley Bag is that rare tote you’ll want […]
Looking for a career in IT, gaming or software development? In the ever-changing world of the internet, versatility is your biggest asset. In other words, mastering Java might not cut it in an interview if you don’t know C#. However, there’s a bundle that covers the essentials in most any language. The Legendary Learn to […]