Greg's Bite: digital privacy issues
TweetFollow Us on Twitter

Greg's Bite: digital privacy issues

By Greg Mills

As the mobile computing revolution takes hold, the privacy ramifications of new mobile digital devices are dividing the courts. The legal system is trying to keep up with the existence of modern digital files using laws and court precedents based upon records written on dead trees and conventional descriptions of private space.

When the US Constitution was written the founding fathers made private our persons, houses, papers and effects. Bill of Rights Article 4: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Rather than assuming the intent of the founding fathers was that the broad privacy rights we hold most basic should logically include modern technical expansion of the definition of "effects," the courts have chipped away the logical intent of our fathers.

Notice that at the time the Bill of Rights was written, everything owned by individuals was included in the amendment. Your body and those things you have in your immediate possession, everything in your home, all your papers, and even more broadly, your "effects" were to be private, notwithstanding a legal search warrant.

Unfortunately, the tendency is for exceptions to be carved out of Constitutional rights that have broader effects than the legal surgeons intended. The person and surroundings of a person being arrested can now be legally searched without a warrant or probable cause to provide for the safety of the police. Now, warrantless electronic searches are done on a smartphone a person might have on them when arrested. Only David Pogue, ever pressing technology to new limits, has used an iPhone as a weapon to assault someone and that was a domestic situation. I hear David patched things up with his wife. I like David and hope things work out for him.

One wonders how an exception for a warrantless search of a person and immediate surroundings for dangerious weapons could lead to the police sucking everything digital out of a smartphone, tablet or laptop without a warrant. That jump in logic is easily within the creative writing ability of modern judges. The US Supreme Court may rule on that issue soon. I hope they rule in favor of the traditional Ameican notion of privacy rather than to the demands of the Justice Department under Obama.

Modern smartphones hold so much private data they represent a virtual all encompassing record of a person. Who you called, when you called them, text messages, location data, written documents, email, apps you use, geo-tagged pictures, music and so much more are held on our smartphones. The "cloud" will create additional privacy issues that worry me.

Apple and other tech companies are seeking better legal protection for that information. While few of us would want to prevent law enforcement from seeking information that would help them track down terrorists, we also hate that the privacy of non-terrorists are also impinged. FaceBook even published a manual to aid police in obtaining a search warrant for information they hold on their servers. One more good reason to shun FaceBook.

"Governor Moonbeam," the now grown-up hippy of the 1960s, also known now as Governor Jerry Brown, just vetoed a bill passed by the California State Legislature, almost unanimously, that would have kept cell phones private without a search warrant based upon probable cause in California (see http://www.wired.com/threatlevel/2011/10/warrantless-phone-searches/). Who would have thought the ever liberal Jerry Brown would bend so much to law and order as opposed to basic civil liberties? Some reporters think he is pandering to the police, who supported his election efforts with big money and want all the power they can get.

In some parts of the country it requires a warrant to place a GPS tracking device on a person's car while it is parked on private property and in some states it is within the rights of the police (see http://www.phillyburbs.com/blogs/opinions/intel/know-when-the-government...).

The location data scandal Apple dealt with a few months ago was only the tip of the iceberg (see the Warrantless Tracking Paragraph at the end of this post: http://www.silive.com/news/index.ssf/2011/10/the_us_supreme_court_conven...).

The location data held by the cellular networks is much less exact than GPS but held for years by some carriers. See the chart to see how your carrier deals with your cell phone records here: http://www.aclu.org/cell-phone-location-tracking-request-response-cell-p... .

Let's hope the US Supreme Court rules that we live in the USA rather than China.

That is Greg's Bite.

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

Suitcase Fusion 7 18.2.4 - Font manageme...
Suitcase Fusion 7 is the creative professional's font manager. Every professional font manager should deliver the basics: spectacular previews, powerful search tools, and efficient font organization... Read more
SoftRAID 5.6.1 - High-quality RAID manag...
SoftRAID allows you to create and manage disk arrays to increase performance and reliability. SoftRAID allows the user to create and manage RAID 4 and 5 volumes, RAID 1+0, and RAID 1 (Mirror) and... Read more
BetterTouchTool 2.25 - Customize Multi-T...
BetterTouchTool adds many new, fully customizable gestures to the Magic Mouse, Multi-Touch MacBook trackpad, and Magic Trackpad. These gestures are customizable: Magic Mouse: Pinch in / out (zoom... Read more
Google Chrome 59.0.3071.115 - Modern and...
Google Chrome is a Web browser by Google, created to be a modern platform for Web pages and applications. It utilizes very fast loading of Web pages and has a V8 engine, which is a custom built... Read more
Google Chrome 59.0.3071.115 - Modern and...
Google Chrome is a Web browser by Google, created to be a modern platform for Web pages and applications. It utilizes very fast loading of Web pages and has a V8 engine, which is a custom built... Read more
SoftRAID 5.6.1 - High-quality RAID manag...
SoftRAID allows you to create and manage disk arrays to increase performance and reliability. SoftRAID allows the user to create and manage RAID 4 and 5 volumes, RAID 1+0, and RAID 1 (Mirror) and... Read more
Suitcase Fusion 7 18.2.4 - Font manageme...
Suitcase Fusion 7 is the creative professional's font manager. Every professional font manager should deliver the basics: spectacular previews, powerful search tools, and efficient font organization... Read more
BetterTouchTool 2.25 - Customize Multi-T...
BetterTouchTool adds many new, fully customizable gestures to the Magic Mouse, Multi-Touch MacBook trackpad, and Magic Trackpad. These gestures are customizable: Magic Mouse: Pinch in / out (zoom... Read more
WhiteCap 6.7.1 - Visual plug-in for iTun...
WhiteCap is a sleek and sophisticated music visualizer and screensaver that features futuristic, wireframe mesh visuals with dynamic backgrounds and colors. WhiteCap contains thousands of visual... Read more
DiskMaker X 6.0 rc5 - Make a bootable OS...
DiskMaker X (was Lion DiskMaker) helps you to build a bootable drive from the official OS X installer app (the one you download from the Mac App Store). It detects the OS X Install program with... Read more

Latest Forum Discussions

See All

This War of Mine gets a new ending and m...
This War of Mine just got a big new update, featuring free DLC that adds a new ending to the game, among other exciting changes. The update is celebrating the game's two-year release anniversary. Apart from the new ending, which will be quite... | Read more »
Summon eight new heroes in Fire Emblem H...
Nintendo keeps coming at us with Fire Emblem Heroes updates, and it doesn't look like that trend is stopping anytime soon. The folks behind the game have just announced the new War of the Clerics Voting Gauntlet, expected to start next Tuesday. [... | Read more »
The best deals on the App Store this wee...
iOS publishers are pulling out all the stops this week -- there's a huge number of seriously great games at discounted prices this week. Let's not waste any time and get right down to business. [Read more] | Read more »
The House of da Vinci (Games)
The House of da Vinci 1.0.0 Device: iOS Universal Category: Games Price: $4.99, Version: 1.0.0 (iTunes) Description: Enter The House of Da Vinci, a new must-try 3D puzzle adventure game. Solve mechanical puzzles, discover hidden... | Read more »
Solve the disappearance of history’s gre...
Blue Brain Games invites you to indulge in an immersive hands-on 3D puzzle adventure in similar vein to The Room series, with its debut release The House of Da Vinci. Set during the historic period of the Italian Renaissance (when Leonardo himself... | Read more »
Age of Rivals (Games)
Age of Rivals 3.3 Device: iOS Universal Category: Games Price: $.99, Version: 3.3 (iTunes) Description: Deep civilization-building strategy in a fast-paced card game! | Read more »
Panthera Frontier (Games)
Panthera Frontier 1.0 Device: iOS Universal Category: Games Price: $4.99, Version: 1.0 (iTunes) Description: | Read more »
Angry Birds Evolution beginner's gu...
Angry Birds changes things up a fair bit in its latest iteration, Angry Birds Evolution. The familiar sling-shot physics mechanics are still there, but the game now features team-based gameplay, RPG elements, and a new top-down view. With all of... | Read more »
Sega Forever is for the retro game fans
Sega is launching a new retro games service titled Sega Forever, in a move that's sure to delight games enthusiasts with a bit of nostalgia. Sega's releasing five classic games for free. The titles include Sonic the Hedgehog, Phantasy Star II,... | Read more »
The Little Acre (Games)
The Little Acre 1.0 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0 (iTunes) Description: | Read more »

Price Scanner via MacPrices.net

13-inch 1.8GHz/256GB MacBook Air on sale for...
B&H Photo has the updated 2017 13″ 1.8GHz/256GB MacBook Air (MQD42LL/A) in stock and on sale for $1129 including free shipping plus NY & NJ tax only. Their price is $70 off MSRP. Read more
27-inch 3.4GHz iMac on sale for $1699, save $...
B&H Photo has the new 2017 27″ 3.4GHz iMac (MNE92LL/A) in stock and on sale for $1699 including free shipping plus NY & NJ sales tax only. Their price is $100 off MSRP. Read more
21-inch 2.3GHz iMac on sale for $1049, save $...
B&H Photo has the new 2017 21″ 2.3GHz iMac (MMQA2LL/A) in stock and on sale for $1049 including free shipping plus NY & NJ tax only. Their price is $50 off MSRP. Read more
ABBYY TextGrabber 6 for iOS Implements Instan...
ABBYY has announced the release of TextGrabber 6.0.0, an important feature update to the company’s productivity app developed for iOS and Android devices. TextGrabber 6.0 now offers Real-Time... Read more
vPhone, First Smartphone That Can’t Be Lost,...
Austin, Texas based Hypori has introduced the vPhone, a virtual smartphone that affords every business user the benefits of separate work and personal phones, conveniently delivered on a single... Read more
Save this weekend with 2016 refurbished MacBo...
Apple has dropped prices on Certified Refurbished 2016 15″ and 13″ MacBook Pros by as much as $590 off original MSRP. An Apple one-year warranty is included with each model, and shipping is free: -... Read more
New 27-inch 3.4GHz iMac on sale for $1699, sa...
MacMall has the new 2017 27″ 3.4GHz iMac (MNE92LL/A) in stock and on sale for $1699 including free shipping. Their price is $100 off MSRP. Read more
Clearance 2016 MacBook Pros available for up...
B&H Photo has clearance 2016 13″ and 15″ MacBook Pros in stock today and on sale for up to $400 off original MSRP. Shipping is free, and B&H charges NY & NJ sales tax only: - 15″ 2.7GHz... Read more
Apple Ranks 9th In comScore Top 50 U.S. Digit...
comScore, Inc. has released its monthly ranking of U.S. online activity at the top digital media properties for May 2017 based on data from comScore Media Metrix Multi-Platform. * Entity has... Read more
10.5-inch iPad Pros available for up to $20 o...
B&H Photo has the new 2017 10.5″ iPad Pros available for up to $20 off MSRP including free shipping plus NY & NJ sales tax only: - 64GB iPad Pro WiFi: $649 - 256GB iPad Pro WiFi: $749 - 512GB... Read more

Jobs Board

*Apple* News Product Marketing Mgr., Publish...
…organizational consensus on strategy and vision for publisher tools, authoring, and Apple News Format.Carries this strategy and vision across the organization to Read more
*Apple* Retail - Multiple Positions - Apple,...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, Read more
Security Data Analyst - *Apple* Information...
…data sources need to be collected to allow Information Security to better protect Apple employees and customers from a wide range of threats.Act as the subject matter Read more
Lead *Apple* Solutions Consultant - Apple I...
…integrity, and trust.Success Metrics/Key Performance Indicators:Quantitative* Year over Year growth in Apple Product and Beyond the Box sales in the assigned Point of Read more
*Apple* Solutions Consultant till v%u00E5r...
…ethics, integrity, and trust.Success Metrics/Key Performance Indicators:QuantitativeYear over Year growth in Apple Product and Beyond the Box sales in the assigned Point Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.