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 transit officer in Minneapolis, whose main job is to ask “Tickets, please!”, was filmed May 14 wanting “Papers, please!”. The video posted on Facebook on May 20 has over 1 million views. In the clip, the officer asks the man, “Do you have a state ID?” The man appears to shake his head no. […]
Death Row inmate JW Ledford, after enjoying a 5,000-calorie last meal, was killed with a lethal injection by the U.S. State of Georgia this morning. He quoted Cool Hand Luke, smiled and said “you can kiss my white trash ass,” then had his mic cut as he began ranting. For his final meal on Friday, […]
Noncompete agreements have historically been the provision of highly-placed execs and critical “knowledge workers” (and even then, fast-growing economies like California have banned them in the interests of encouraging competition and growth) but now employers are routinely making the “agreements” a condition of unskilled waged labor, from making sandwiches to digging holes for $10/hour.
While some people still maintain that everything in Apple’s walled garden “just works” and is immune to the rampant malware of the Windows world, the reality is different. The Mac’s growing market share has made it a much more viable target for malicious actors, and its built-in tools aren’t always enough to fix things. Drive […]
Boasting an IPX6 waterproof rating, the Trakk Bullet Ultra Compact Waterproof Bluetooth Speaker resists dust and heavy rainfall. It’s currently available in the Boing Boing Store.The Trakk Bullet offers the same wireless convenience as other portable speakers, but few are built as tough as this one. Its utilitarian construction is designed to be a totally low-maintenance […]
The Ticwatch 2 Active Smartwatch is a simpler take on an active wearable that raised over $2m dollars on Kickstarter and is currently offered in the Boing Boing Store.Somewhere in between the single-day battery life and platform-specificity of the Apple Watch and Android Wear devices, there exists the Ticwatch. Instead of trying to shoehorn another […]