Just Security: Opinion: Congress Should Place More Limits on Cellphone Location Tracking After Carpenter by by Jake Laperruque:
In the (knock on wood, likely) event the court does rule that location tracking requires a warrant, Congress will need to step in to fill inevitable gaps in the law. A ruling on such a broad issue will probably contain ambiguities in application, necessitating legislation to offer clarity to law enforcement and courts. And even if the parameters of a warrant requirement are clear, there are numerous unresolved policy issues with cellphone tracking that the Supreme Court is unlikely to address. With this in mind, below is an initial list of items Congress should address – in addition to a warrant requirement – as part of any legal scheme permitting tracking of Americans’ location via cellphone.