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In January , the U. Supreme Court ruled that law enforcement must obtain a warrant before physically attaching a GPS tracking device to a suspect's vehicle. The decision United States v. Antoine Jones was based on a narrow application of the Fourth Amendment, since device installation involves physical intrusion on a suspect's vehicle.
The Negatives to GPS Phone Tracking Services
The Supreme Court did not resolve the broader issue of whether the Fourth Amendment protects geolocation privacy rights. Since the Jones decision, the Supreme Court has issued the following additional rulings relating to cellphone location history privacy, but these do not address the issue of live GPS tracking:.
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A number of other federal and state courts have ruled on the use of GPS-based vehicle surveillance by law enforcement, both before and after the Supreme Court decision. However, several of the lower court opinions are in conflict, so the Supreme Court may need to revisit this topic in the future. Several U.
GOV Official U. Supreme Court In January , the U. Learn more about the Jones decision Since the Jones decision, the Supreme Court has issued the following additional rulings relating to cellphone location history privacy, but these do not address the issue of live GPS tracking: Carpenter v.
The Positives Related to GPS Phone Tracking System
United States No. The Supreme Court held that law enforcement must obtain a search warrant supported by probable cause in order to obtain at least seven days of historic cell-site location information associated with a suspect's cell phone.
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- How GPS tracking threatens our privacy - CNN;
The decision extended the expectation of privacy in one's physical location and movements, afforded by the Fourth Amendment and as articulated in United States v. Jones , to include cell-site location information held by cell phone service providers.
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It did not, however, address GPS tracking or other forms of geolocation including "other business records that might incidentally reveal location information. California No.
The Supreme Court ruled that police need a warrant before searching the contents of a suspect's cell phone. However, vendors did not consistently or clearly disclose to consumers what the companies do with these data or the third parties with which they might share the data, leaving consumers unable to effectively judge whether such uses of their location data might violate their privacy, the GAO said.
The GAO noted that companies can obtain location data in various ways. Mobile devices and in-car navigation devices determine location information through methods such as cell tower signal-based technologies, Wi-Fi Internet access point technology, crowd-sourced positioning, and GPS technology. Firms such as Google and Apple use customer data to compile large databases of cell tower and Wi-Fi access points.
Non-carriers use these crowd-sourced location maps to determine location by analyzing which cell tower and Wi-Fi signals are received by a device. These location data may then be shared with third parties for various uses, the GAO stated. They also have concerns that location data can be used to track where consumers are, which can in turn be used to steal their identity, stalk them, or monitor them without their knowledge.
In addition, location data can be used to infer other sensitive information about individuals such as their religious affiliation or political activities," the GAO stated. According to privacy advocates, when a consumer agrees to use a service that accesses location data, the consumer is unlikely to know how his or her location data may be used in ways beyond enabling the service.
For example, location data may be shared with third parties unknown to the consumer. If any of these entities has weak system protections, there is an increased likelihood that the information may be compromised. Tracking Behavior: When location data are collected and shared, these data could be used in ways consumers did not intend, such as to track their travel patterns or to target consumers for unwanted marketing solicitations.
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Amassing such data over time allows companies to create a richly detailed profile of individual behavior, including habits, preferences, and routines— private information that could be exploited. Identity Theft: Criminals can use location data to steal identities when location data are disclosed, particularly when they are combined with other personal information. The risk of identity theft grows whenever entities begin to collect data profiles, especially if the information is not maintained securely.
Such information could be used to discern the identity of an individual.
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