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.

 
AAPL
$524.94
Apple Inc.
+5.93
MSFT
$40.01
Microsoft Corpora
-0.39
GOOG
$536.10
Google Inc.
-20.44

MacTech Search:
Community Search:

Software Updates via MacUpdate

Tweetbot 1.5.1 - Popular iOS twitter cli...
Tweetbot is a full-featured OS X Twitter client with a lot of personality. Whether it's the meticulously-crafted interface, sounds and animation, or features like multiple timelines and column views... Read more
Mac DVDRipper Pro 4.1.7 - Copy, backup,...
Mac DVDRipper Pro is the DVD backup solution that lets you protect your DVDs from scratches, save your batteries by reading your movies from your hard disk, manage your collection with just a few... Read more
PDFpenPro 6.2 - Advanced PDF toolkit for...
PDFpenPro allows users to edit PDF's easily. Add text, images and signatures. Fill out PDF forms. Merge or split PDF documents. Reorder and delete pages. Even correct text and edit graphics! Create... Read more
PDFpen 6.2 - Edit and annotate PDFs with...
PDFpen allows users to easily edit PDF's. Add text, images and signatures. Fill out PDF forms. Merge or split PDF documents. Reorder and delete pages. Even correct text and edit graphics! Features... Read more
Monolingual 1.5.9 - Remove unwanted OS X...
Monolingual is a program for removing unnecesary language resources from OS X, in order to reclaim several hundred megabytes of disk space. It requires a 64-bit capable Intel-based Mac and at least... Read more
Maya 2015 - Professional 3D modeling and...
Maya is an award-winning software and powerful, integrated 3D modeling, animation, visual effects, and rendering solution. Because Maya is based on an open architecture, all your work can be scripted... Read more
Starcraft II: Wings of Liberty 1.1.1.180...
Download the patch by launching the Starcraft II game and downloading it through the Battle.net connection within the app. Starcraft II: Wings of Liberty is a strategy game played in real-time. You... Read more
Sibelius 7.5.0 - Music notation solution...
Sibelius is the world's best-selling music notation software for Mac. It is as intuitive to use as a pen, yet so powerful that it does most things in less than the blink of an eye. The demo includes... Read more
Typinator 5.9 - Speedy and reliable text...
Typinator turbo-charges your typing productivity. Type a little. Typinator does the rest. We've all faced projects that require repetitive typing tasks. With Typinator, you can store commonly used... Read more
MYStuff Pro 2.0.16 - Create inventories...
MYStuff Pro is the most flexible way to create detail-rich inventories for your home or small business. Add items to MYStuff by dragging and dropping existing information, uploading new images, or... Read more

Latest Forum Discussions

See All

Have a Special Dead Trigger 2 Easter Bas...
Have a Special Dead Trigger 2 Easter Basket Full of Goodies, Courtesy of Madfinger Games Posted by Rob Rich on April 18th, 2014 [ permalink ] Dead Trigger 2 | Read more »
Zynga Launches Brand New Farmville Exper...
Zynga Launches Brand New Farmville Experience with Farmville 2: Country Escape Posted by Tre Lawrence on April 18th, 2014 [ permalink ] | Read more »
David. Review
David. Review By Cata Modorcea on April 18th, 2014 Our Rating: :: MINIMALISTIC IN A DIFFERENT WAYUniversal App - Designed for iPhone and iPad David is a minimalistic game wrapped inside of a soothing atmosphere in which the hero... | Read more »
Eyefi Unveils New Eyefi Cloud Service Th...
Eyefi Unveils New Eyefi Cloud Service That Allows Users to Share Media Across Personal Devices Posted by Tre Lawrence on April 18th, 2014 [ permalink ] | Read more »
Tales from the Dragon Mountain: The Lair...
Tales from the Dragon Mountain: The Lair Review By Jennifer Allen on April 18th, 2014 Our Rating: :: STEADY ADVENTURINGiPad Only App - Designed for the iPad Treading a safe path, Tales from the Dragon Mountain: The Lair is a... | Read more »
Yahoo Updates Flickr App with Advanced E...
Yahoo Updates Flickr App with Advanced Editing Features and More Posted by Tre Lawrence on April 18th, 2014 [ permalink ] | Read more »
My Incredible Body - A Kid's App to...
My Incredible Body - A Kid's App to Learn about the Human Body 1.1.00 Device: iOS Universal Category: Education Price: $2.99, Version: 1.1.00 (iTunes) Description: Wouldn’t it be cool to look inside yourself and see what was going on... | Read more »
Trials Frontier Review
Trials Frontier Review By Carter Dotson on April 18th, 2014 Our Rating: :: A ROUGH LANDINGUniversal App - Designed for iPhone and iPad Trials Frontier finally brings the famed stunt racing franchise to mobile, but how much does its... | Read more »
Evernote Business Notebook by Moleskin I...
Evernote Business Notebook by Moleskin Introduced – Support Available in Evernote for iOS Posted by Tre Lawrence on April 18th, 2014 [ permalink ] | Read more »
Sparkle Unleashed Review
Sparkle Unleashed Review By Jennifer Allen on April 18th, 2014 Our Rating: :: CLASSY MARBLE FLINGINGUniversal App - Designed for iPhone and iPad It’s a concept we’ve seen before, but Sparkle Unleashed is a solidly enjoyable orb... | Read more »

Price Scanner via MacPrices.net

iMacs on sale for up to $160 off MSRP this we...
Best Buy has iMacs on sale for up to $160 off MSRP for a limited time. Choose free home shipping or free instant local store pickup (if available). Prices are valid for online orders only, in-store... Read more
iPad Airs on sale this weekend for up to $100...
Best Buy has WiFi iPad Airs on sale for $50 off MSRP and WiFi + Cellular iPad Airs on sale for $100 off MSRP on their online store for a limited time, with prices now starting at $449. Choose free... Read more
Apple restocks refurbished Mac minis starting...
The Apple Store has restocked Apple Certified Refurbished Mac minis for up to $150 off the cost of new models. Apple’s one-year warranty is included with each mini, and shipping is free: - 2.5GHz Mac... Read more
Hyundai Brings Apple CarPlay To The 2015 Sona...
Hyundai Motor America has announced it will bring Apple CarPlay functionality to the 2015 Sonata. CarPlay is pitched as a smarter, safer and easier way to use iPhone in the car and gives iPhone users... Read more
Updated iPads Coming Sooner Than We Had Thoug...
MacRumors, cites KGI securities analyst Ming Chi Kuo, well-respected as an Apple product prognisticator, saying that Apple will introduce an upgraded iPad Air and iPad mini in 2014/Q3, meaning the... Read more
Toshiba Unveils New High And Low End Laptop M...
Toshiba has announced new laptop models covering both the high-end and low-end of the notebook computer spectrum. Toshiba 4K Ultra HD Laptop Toshiba’s new Satellite P55t features one of the world’s... Read more
Save up to $270 with Apple refurbished 13-inc...
The Apple Store has Apple Certified Refurbished October 2013 13″ Retina MacBook Pros available starting at $1099, with models up to $270 off MSRP. Apple’s one-year warranty is standard, and shipping... Read more
Apple now offering refurbished iPad mini with...
The Apple Store has Certified Refurbished 2nd generation iPad minis with Retina Displays now available starting at $339. Apple’s one-year warranty is included with each model, and shipping is free.... Read more
Microsoft Blinks – Drops Microsoft Office 365...
Microsoft has dropped the annual subscription fee for Microsoft Office 365 Personal – which is needed in order to create and edit documents in Microsoft Office for iPad. However, Apple’s iOS and OS X... Read more
New AVG Vault Apps for iOS and Android Help K...
AVG Technologies N.V. an online security company for 177 million active users, has announced the launch of its latest mobile application, AVG Vault. The free app introduces an innovative user... Read more

Jobs Board

*Apple* Automotive Parts Department position...
Apple Automotive is one of the fastest growing dealer…and it shows. Consider making the switch to the Apple Automotive Group today! At Apple Automotive, we Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
*Apple* Retail - Manager - Holyoke - Apple I...
Job Summary Keeping an Apple Store thriving requires a diverse set of leadership skills, and as a Manager, you’re a master of them all. In the store’s fast-paced, Read more
*Apple* Retail - Manager - Apple (United Sta...
Job SummaryKeeping an Apple Store thriving requires a diverse set of leadership skills, and as a Manager, you're a master of them all. In the store's fast-paced, dynamic Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.