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

5 slither.io mash-ups we'd love to...
If there's one thing that slither.io has proved, it's that the addictive gameplay of Agar.io can be transplanted onto basically anything and it will still be good fun. It wouldn't be surprising if we saw other developers jumping on the bandwagon,... | Read more »
How to navigate the terrain in Sky Charm...
Sky Charms is a whimsical match-'em up adventure that uses creative level design to really ramp up the difficulty. [Read more] | Read more »
Victorious Knight (Games)
Victorious Knight 1.3 Device: iOS Universal Category: Games Price: $1.99, Version: 1.3 (iTunes) Description: New challenges awaits you! Experience fresh RPG experience with a unique combat mechanic, packed with high quality 3D... | Read more »
Agent Gumball - Roguelike Spy Game (Gam...
Agent Gumball - Roguelike Spy Game 1.0 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0 (iTunes) Description: Someone’s been spying on Gumball. What the what?! Two can play at that game! GO UNDERCOVERSneak past enemy... | Read more »
Runaway Toad (Games)
Runaway Toad 1.0 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0 (iTunes) Description: It ain’t easy bein’ green! Tap, hold, and swipe to help Toad hop to safety in this gorgeous new action game from the creators of... | Read more »
PsyCard (Games)
PsyCard 1.0 Device: iOS Universal Category: Games Price: $1.99, Version: 1.0 (iTunes) Description: From the makers och Card City Nights, Progress To 100 and Ittle Dew PSYCARD is a minesweeper-like game set in a cozy cyberpunk... | Read more »
Sago Mini Robot Party (Education)
Sago Mini Robot Party 1.0 Device: iOS Universal Category: Education Price: $2.99, Version: 1.0 (iTunes) Description: -- Children's Technology Review Editor's Choice -- | Read more »
How to get a high score in every level o...
Sky Charms is an adorable match three puzzler that provides a decent challenge thanks to its creative level design. It regularly presents something new, forcing you to think on your feet. [Read more] | Read more »
Apestorm: Full Bananas (Games)
Apestorm: Full Bananas 1.0 Device: iOS Universal Category: Games Price: $.99, Version: 1.0 (iTunes) Description: ***Launch sale – limited time only!*** Fugitive Apes have taken to the skies in search of revenge after humans have... | Read more »
How to create bigger words in Spellspire
Words have power. At least they do in Spellspire,a game about blasting out magical attacks by making words out of a jumble of letters. And it's a lot of fun. But if you want to be the best, you're going to have to think tactically when you start... | Read more »

Price Scanner via MacPrices.net

15-inch 2.2GHz Retina MacBook Pro on sale for...
Amazon.com has the 15″ 2.2GHz Retina MacBook Pro on sale for $1699.99 including free shipping. Their price is $300 off MSRP, and it’s the lowest price available for this model from any reseller (and... Read more
Apple Beats Microsoft at Own Game; Amazon Pri...
First quarter seasonality combined with an overall disinterested customer base led to an annual decline of 14.7% in worldwide tablet shipments during the first quarter of 2016 (1Q16). Worldwide... Read more
Aleratec Releases Mac Software Upgrade for 1...
California based Aleratec Inc., designer, developer and manufacturer of Portable Device Management (PDM) charge/sync products for mobile devices and professional-grade duplicators for hard disk... Read more
Sale! Amazon offers 27-inch iMac, 13-inch 2.9...
Amazon has the 27″ 3.2GHz 5K iMac and the 13″ 3.9GHz Retina MacBook Pro on sale for $300 off MSRP, each including free shipping, for a limited time: - 27″ 3.2GHz/1TB HD 5K iMac (model MK462LL/A): $... Read more
Apple refurbished 13-inch Retina MacBook Pros...
Apple has Certified Refurbished 13″ Retina MacBook Pros available for up to $270 off the cost of new models. An Apple one-year warranty is included with each model, and shipping is free: - 13″ 2.7GHz... Read more
13-inch 2.7GHz/128GB Retina MacBook Pro on sa...
Take $200 off MSRP on the price of a new 13″ 2.7GHz/128GB Retina MacBook Pro (model MF839LL/A) at Amazon. Shipping is free: - 13″ 2.7GHz/128GB Retina MacBook Pro: $1099.99 $200 off MSRP Act now if... Read more
Apple refurbished clearance 15-inch Retina Ma...
Apple has Certified Refurbished 2014 15″ 2.2GHz Retina MacBook Pros available for $1609, $390 off original MSRP. Apple’s one-year warranty is included, and shipping is free. They have refurbished 15... Read more
27-inch 5K iMacs on sale for up to $150 off M...
B&H Photo has 27″ 5K iMacs on sale for up to $150 off MSRP including free shipping plus NY sales tax only: - 27″ 3.3GHz iMac 5K: $2199 $100 off MSRP - 27″ 3.2GHz/1TB Fusion iMac 5K: $1849.99 $150... Read more
What Does The Refreshed 12-Inch MacBook Tell...
A lot of commentators are complaining that Apple’s update of the 12-Inch MacBook last week is a bit of a damp squib. I don’t know what they were expecting, since it would be very unlike Apple to do a... Read more
Free Wittify Keyboard Now Available On The Ap...
A team of Harvard Business School students have announced that the Wittify Keyboard, a new app utility for iOS devices, is now available on the Apple App Store. The Wittify keyboard and application... Read more

Jobs Board

*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
*Apple* Solutions Consultant - Apple (United...
# Apple Solutions Consultant Job Number: 48260200 Phoenix, Arizona, United States Posted: Apr. 22, 2016 Weekly Hours: 40.00 **Job Summary** As an Apple Solutions Read more
Restaurant Manager (Neighborhood Captain) - A...
…in every aspect of daily operation. WHY YOU'LL LIKE IT: You'll be the Big Apple . You'll solve problems. You'll get to show your ability to handle the stress and Read more
Simply Mac *Apple* Specialist- Service Repa...
Simply Mac is the largest premier retailer of Apple products in the nation. In order to support our growing customer base, we are currently looking for a driven 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
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.