Police can no longer subpoena Apple, Google, and other tech companies for user location data using so-called “geofence warrants,” reports AppleInsider.
A geofence warrant is a “reverse search warrant” that compels firms to hand over location history data for every mobile device within a specific virtual boundary during a set timeframe. Unlike traditional warrants that target a specific suspect, geofence warrants sweep up data from everyone in the area—including innocent bystanders—to help police discover suspects from scratch.
Now the U.S. Supreme Court has placed strict constitutional limits on these warrants, ruling 6–3 in Chatrie v. United States that sweeping cellphone location data sweeps constitute a “search” under the Fourth Amendment.
According to SCOTUSblog, a geofence warrant meets the criteria of a “search” as defined by the Fourth Amendment. Simply put, this means that anyone included in a warrant must be there with a reason.
Writing for the majority (6-3), Justice Elena Kagan emphasized that “[a]n individual has a reasonable expectation of privacy in records about his cell phone’s location, and police intrude on that constitutionally protected interest when they demand the information—even though for only a limited time, and from a third-party tech company.”
However, as AppleInsider notes, “that isn’t to say user location data is off-limits for law enforcement.” A subpoena to Apple or Google with an individual’s identity that is reasonably suspected of a crime with evidence gathered from other sources remains legal and viable.
“There’s also the option of using geofence warrants when tracking a group of criminals or trying to find associates of a known criminal,” adds AppleInsider. “Of course, warrants will need to be provided on a case-by-case basis.”
I hope you’ll help support Apple World Today by becoming a patron. Almost all our income is from Patreon support and sponsored posts. Patreon pricing ranges from $2 to $10 a month. Thanks in advance for your support.
Article provided with permission from AppleWorld.Today