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

iDefrag 5.0.0 - Disk defragmentation and...
iDefrag helps defragment and optimize your disk for improved performance. Features include: Supports HFS and HFS+ (Mac OS Extended). Supports case sensitive and journaled filesystems. Supports... Read more
PCalc 4.2 - Full-featured scientific cal...
PCalc is a full-featured, scriptable scientific calculator with support for hexadecimal, octal, and binary calculations, as well as an RPN mode, programmable functions, and an extensive set of unit... Read more
FileZilla 3.10.2 - Fast and reliable FTP...
FileZilla (ported from Windows) is a fast and reliable FTP client and server with lots of useful features and an intuitive interface. Version 3.10.2: Note: Now requires a 64-bit Intel processor.... Read more
The Hit List 1.1.11 - Advanced reminder...
The Hit List manages the daily chaos of your modern life. It's easy to learn - it's as easy as making lists. And it's powerful enough to let you plan, then forget, then act when the time is right.... Read more
Bartender 1.2.32 - Organize your menu ba...
Bartender lets you organize your menu bar apps. Features: Lets you tidy your menu bar apps how you want. See your menu bar apps when you want. Hide the apps you need to run, but do not need to... Read more
ClamXav 2.7.5 - Free virus checker, base...
ClamXav is a free virus checker for OS X. It uses the tried, tested, and very popular ClamAV open source antivirus engine as a back end. I hope you like and use ClamXav a lot and that it helps keep... Read more
xScope 4.1.2 - Onscreen graphic measurem...
xScope is powerful set of tools that are ideal for measuring, inspecting, and testing on-screen graphics and layouts. Its tools float above your desktop windows and can be accessed via a toolbar,... Read more
MacFamilyTree 7.3.3 - Create and explore...
MacFamilyTree gives genealogy a facelift: it's modern, interactive, incredibly fast, and easy to use. We're convinced that generations of chroniclers would have loved to trade in their genealogy... Read more
Skype 7.5.0.738 - Voice-over-internet ph...
Skype allows you to talk to friends, family and co-workers across the Internet without the inconvenience of long distance telephone charges. Using peer-to-peer data transmission technology, Skype... Read more
PushPal 3.0 - Mirror Android notificatio...
PushPal is a client for Pushbullet, which automatically shows you all of your phone's notifications right on your computer. This means you can see who's calling or read text messages even if your... Read more

It Came From Canada: Jurojin: Immortal N...
At this point it’s pretty safe to say that no MOBA is going to dethrone Dota 2 and League of Legends anytime soon. After all, if Batman can’t do it, nobody can. However, with a genre as popular and profitable as this one, there’s still room for... | Read more »
Tiny Farm – Animals, Tractors and Advent...
Tiny Farm – Animals, Tractors and Adventures! Review By Amy Solomon on March 3rd, 2015 Our Rating: :: LIVELY LANDSCAPESUniversal App - Designed for iPhone and iPad Tiny Farm – Animals, Tractors and Adventures! includes farm-related... | Read more »
This Week at 148Apps: February 23-27, 20...
Final February Fun at 148Apps   How do you know what apps are worth your time and money? Just look to the review team at 148Apps. We sort through the chaos and find the apps you’re looking for. The ones we love become Editor’s Choice, standing out... | Read more »
GDC 2015 – Does Not Commute is Definitel...
GDC 2015 – Does Not Commute is Definitely a Game You Should Keep an Eye on Posted by Rob Rich on March 2nd, 2015 [ permalink ] We were teased about Mediocre Games’ (Smash Hit, | Read more »
F84 Games & POW! Announce Stan Lee V...
F84 Games has announced that it is working with legendary comic creator Stan Lee and POW! Entertainment to produce Stan Lee’s Hero Command. The game will be a action adventure of heroic proportions. | Read more »
Setlyst Keeps Your Set Straight So You C...
Setlyst Keeps Your Set Straight So You Can Focus On Rocking Out. Posted by Jessica Fisher on March 2nd, 2015 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Space is Vast, So Space Agency Has a Vas...
Space is Vast, So Space Agency Has a Vast New Update! Posted by Jessica Fisher on March 2nd, 2015 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Size DOES Matter Review
Size DOES Matter Review By Campbell Bird on March 2nd, 2015 Our Rating: :: HARD TO BEATUniversal App - Designed for iPhone and iPad This rhythm game has a unique control scheme and performance system that make it feel like a true... | Read more »
The first ever action 3D card battler Al...
On the other hand, you probably haven’t played an action 3D card battler – until now. Step forward, All Star Legion. All Star Legion is a 3D QTE-based action RPG card battler, but fear not – the game itself isn’t as convoluted as its description.... | Read more »
Travel Back to the 1980s With the Making...
Headup Games has released a hilarious making of video for its upcoming title, Pixel Heroes: Byte & Magic. The game is a RPG/Roguelike where you control three heroes set to save the township of Pixton from an evil cult called The Sons of Dawn.... | Read more »

Price Scanner via MacPrices.net

Sale! 15-inch 2.2GHz Retina MacBook Pro for $...
 Best Buy has the 15″ 2.2GHz Retina MacBook Pro on sale for $1774.99 $1799.99, or $225 off MSRP. Choose free home shipping or free local store pickup (if available). Price valid for online orders... Read more
27-inch 3.5GHz 5K iMac in stock today and on...
 B&H Photo has the 27″ 3.5GHz 5K iMac in stock today and on sale for $2299 including free shipping plus NY sales tax only. Their price is $200 off MSRP, and it’s the lowest price available for... Read more
Apple Launches Free Web-Based Pages and Other...
Apple’s new Web-only access to iWork productivity apps is a free level of iCloud service available to anyone, including people who don’t own or use Apple devices. The service includes access to Apple... Read more
Survey Reveals Solid State Disk (SSD) Technol...
In a recent SSD technology use survey, Kroll Ontrack, a firm specializing in data recovery, found that while nearly 90 percent of respondents leverage the performance and reliability benefits of SSD... Read more
Save up to $600 with Apple refurbished Mac Pr...
The Apple Store is offering Apple Certified Refurbished Mac Pros for up to $600 off the cost of new models. An Apple one-year warranty is included with each Mac Pro, and shipping is free. The... Read more
Updated Mac Price Trackers
We’ve updated our Mac Price Trackers with the latest information on prices, bundles, and availability on systems from Apple’s authorized internet/catalog resellers: - 15″ MacBook Pros - 13″ MacBook... Read more
Apple CEO Tim Cook to Deliver 2015 George Was...
Apple CEO Tim Cook will deliver the George Washington University’s Commencement address to GWU grads on May 17, at which time he will also be awarded an honorary doctorate of public service from the... Read more
Apple restocks refurbished Mac minis for up t...
The Apple Store has restocked Apple Certified Refurbished 2014 Mac minis, with models available starting at $419. Apple’s one-year warranty is included with each mini, and shipping is free: - 1.4GHz... Read more
Save up to $50 on iPad Air 2s, NY tax only, f...
 B&H Photo has iPad Air 2s on sale for $50 off MSRP including free shipping plus NY sales tax only: - 16GB iPad Air 2 WiFi: $469.99 $30 off - 64GB iPad Air 2 WiFi: $549 $50 off - 128GB iPad Air 2... Read more
16GB iPad Air 2 on sale for $447, save $52
Walmart has the 16GB iPad Air 2 WiFi on sale for $446.99 on their online store for a limited time. Choose free shipping or free local store pickup (if available). Sale price for online orders only,... Read more

Jobs Board

*Apple* Solutions Consultant - Retail Sales...
**Job Summary** As an Apple Solutions Consultant (ASC) you are the link between our customers and our products. Your role is to drive the Apple business in a retail Read more
*Apple* Pay Automation Engineer - iOS System...
**Job Summary** At Apple , great ideas have a way of becoming great products, services, and customer experiences very quickly. Bring passion and dedication to your job Read more
Sr. Technical Services Consultant, *Apple*...
**Job Summary** Apple Professional Services (APS) has an opening for a senior technical position that contributes to Apple 's efforts for strategic and transactional Read more
Event Director, *Apple* Retail Marketing -...
…This senior level position is responsible for leading and imagining the Apple Retail Team's global engagement strategy and team. Delivering an overarching brand Read more
*Apple* Pay - Site Reliability Engineer - Ap...
**Job Summary** Imagine what you could do here. At Apple , great ideas have a way of becoming great products, services, and customer experiences very quickly. Bring Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.