TechDirt: DOJ Leans On Old Laws And Even Older Cases To Argue Against Privacy Expectations In Cell Site Location Data

TechDirt: DOJ Leans On Old Laws And Even Older Cases To Argue Against Privacy Expectations In Cell Site Location Data by Tim Cushing:

from the it’s-1979-all-over-again! dept

Last month, AT&T entered an amicus brief in the US v. Quartavious Davis case, arguing that law enforcement shouldn’t be allowed warrantless access to cell site location data. AT&T’s entry into the privacy battle comes after a lengthy silence during which it was very obliging of government requests for customers’ data. The crux of its argument was this:

Nothing in those [prior court] decisions contemplated, much less required, a legal regime that forces individuals to choose between maintaining their privacy and participating in the emerging social, political, and economic world facilitated by the use of today’s mobile devices or other location-based services.”

That’s where we are, as far as private citizens are concerned. The government, through its thorough exploitation of the Third Party Doctrine, has basically forced the public to choose between allowing warrantless access to tons of their data (and metadata) or living some sort of off-the-grid lifestyle that doesn’t involve generating “business records” via cell phone, internet service, etc.