US Revolution? Privacy -v- Intrusion

US Revolution? Privacy -v- Intrusion

At DEEU research we are noticing an interesting trend in the United States pushing a revolution to claw back the rights of 'privacy' regarding mobile phone communications and GPS tracking, perhaps to counteract what appears to be the underlying suggestion of high level of 'intrusion'. A number of recent cases that have been reported are well worth reading and the rise of these cases suggest landmark judgments may not be far off. The effect of such judgments might bind the US's member states to possibly a single code of conduct. This may make sense where an operator, providing national coverage, has a uniform privacy policy as opposed to a single member state imposing local laws to such a degree that it might be possible to cause:

- the US constitution to be eroded by localised politics in a single member state
- national security may be undermined if a single member state bleeds information about a person's movements simply obtained via a production order application

The points above and below are not statements of fact but merely observations and, rather than my comments influence readers' thought-processes, below is a list of cases and some additional reading that may be of interest. The British legal system may well be interested in what is taking place and such cases can influence aspects of our case law. Mobile forensics and evidence might equally see requirements imposed as to the level of data that maybe accessed from the network and/or acquired from mobile devices. The US, whilst is still in its infancy, due to arriving fairly late to the table in these fields (but making up ground) regarding mobile phone forensics and evidence may, no doubt, want to keep an eye of how these cases impact on the area of data acquisition and harvesting.  

Mobile Phone and GPS Privacy Cases:
http://edition.cnn.com/2011/09/20/tech/mobile/california-phone-search-law/
http://arstechnica.com/tech-policy/news/2011/08/judge-says-warrant-required-for-cell-phone-location-data.ars?utm_source=twitterfeed&utm_medium=rss&utm_campaign=rss
http://www.llrmi.com/articles/legal_update/2011_co_schutter.shtml
http://www.theolympian.com/2011/08/21/1767625/courts-grapple-with-gps-technology.html
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/22/BABR1KQFL7.DTL
http://trewmte.blogspot.com/2009/02/cellular-phones-warrantless-searches.html

Further reading material
http://www.aele.org/law/2011-02MLJ401.html
http://www.jdsupra.com/post/documentViewer.aspx?fid=6c7c563a-d772-413f-b28a-6074c5673f45
http://blogs.sfweekly.com/thesnitch/2011/09/lost_iphone_5_apple.php
http://blogs.sfweekly.com/thesnitch/2011/08/apple_iphone_lost.php

US Cases - Interpretation regarding seizure

US Cases - Interpretation regarding seizure

Two interesting US cases posted at Susan Brenner, Professor of Law, blog highlighting the complexity in interpretation regarding seizure, relevant to these cases were Blackberry devices.

http://cyb3rcrim3.blogspot.com/2010/10/blackberry-seized-unlawfully.html
http://cyb3rcrim3.blogspot.com/2010/10/blackberry-seized-lawfully.html

US Case: Daubert and Cell Site Analysis Maps

US Case: Daubert and Cell Site Analysis Maps

I having been an advocate, as many of you know, for many years for the use in evidence of network operator generated analogue and digital cellular radio maps (eg best server plots/density maps & single cell prediction plots/density maps). That is because they are a composite compiled from collection of visible and discrete detail relevant to the operator's predication. They illustrate, if you will, a visual demonstration of a radio coverage strategy in an area. A recent US Case dealt with cell site maps as part of the evidence. The case of the US v Benford discussed by Law Professor Susan Brenner, at her webblog, makes interesting reading indeed:

http://cyb3rcrim3.blogspot.com/2010/08/daubert-and-cell-site-data.html

There are examples of cell site maps here at Mobile Telephone Evidence (link below):

http://trewmte.blogspot.com/2009/08/cell-site-analysis-csa-images.html

US Case: Daubert and Cell Site Analysis Maps

US Case: Daubert and Cell Site Analysis Maps

I having been an advocate, as many of you know, for many years for the use in evidence of network operator generated analogue and digital cellular radio maps (eg best server plots/density maps & single cell prediction plots/density maps). That is because they are a composite compiled from collection of visible and discrete detail relevant to the operator's predication. They illustrate, if you will, a visual demonstration of a radio coverage strategy in an area. A recent US Case dealt with cell site maps as part of the evidence. The case of the US v Benford discussed by Law Professor Susan Brenner, at her webblog, makes interesting reading indeed:

http://cyb3rcrim3.blogspot.com/2010/08/daubert-and-cell-site-data.html

There are examples of cell site maps here at Mobile Telephone Evidence (link below):

http://trewmte.blogspot.com/2009/08/cell-site-analysis-csa-images.html

More on Cell Site Analysis: http://cellsiteanalysis.blogspot.com

US Court recognises expectation text message privacy

US Court recognises expectation of text messages privacy

Violation the Fourth Amendment

Right to privacy under Art. I, Sec. 1 of the California Constitution

Interesting case, worth reading, as it relates to a Police Office for the Ontario Police Department and others (one said to be a SWAT Officer) who apparenly used work text messaging services to send personal messages unrelated to work.

U.S. 9th Circuit, June 18, 2008 -

Quon v. Arch Wireless Operating Co., No. 07-55282

Users of text-messaging services have a reasonable expectation of privacy in the contents of copies of messages the service provider stores on its network, the Ninth U.S. Circuit Court of Appeals held on June 18, 2008.

http://www.metnews.com/articles/2008/quon061908.htm