OT – warrantless cell phone searches BANNED!

[spdrun]

Score one for our Supreme Court — ruled 8-1 (almost unanimous!) this morning that police are required to obtain a warrant before searching data on cell phones and other personal electronic devices.

Score another one for a judge in Portland, OR, who has required the FBI to improve procedures for removal from no-fly lists, saying the current system violates due process rights.

Edit: ruling was 9-0. Alito wrote a concurring opinion, not a dissent.

[FlyerInHi]

Good decision.

In a separate case, I wish the court had sided with Aero.

[CA renter]

Yes, excellent news. Finally!

[mike92104]

Now, if they would only make it illegal for those who haven’t yet been arrested (yet).

[spdrun]

^^^

It is illegal to search data that’s located on a phone. Don’t want to be “searched without arrest?” Minimize your use of cloud-clown services and use strong encryption when possible.

[FlyerInHi]

The ruling does not address metadata gathering by various agencies.

If I recall, NYPD reads all the license plates entering Manhattan.

[spdrun]

Agreed it’s a problem.

There should be limits on data retention (say 90 days). A government agent deliberately circumventing those limits should be punishable by a year in general prison population for each instance.

[CDMA ENG]

[quote=spdrun]Agreed it’s a problem.

There should be limits on data retention. A government agent deliberately circumventing those limits should be punishable by a year in general prison population for each instance.[/quote]

There is… It called CALEA… Whether or not your government has it or not the phone companies do… retaining the last seven years of your positional, text, and call profiles.

It just means the cops has to go a little extra step.

CE

[spdrun]

Ideally, limit would be something less than a year. Seven is fucking insane.

[CA renter]

Thanks, CE.

————-

“The Communications Assistance for Law Enforcement Act (CALEA) is a United States wiretapping law passed in 1994, during the presidency of Bill Clinton (Pub. L. No. 103-414, 108 Stat. 4279, codified at 47 USC 1001-1010).

CALEA’s purpose is to enhance the ability of law enforcement agencies to conduct electronic surveillance by requiring that telecommunications carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have built-in surveillance capabilities, allowing federal agencies to monitor all telephone, broadband internet, and VoIP traffic in real-time.

The original reason for adopting CALEA was the Federal Bureau of Investigation’s worry that increasing use of digital telephone exchange switches would make tapping phones at the phone company’s central office harder and slower to execute, or in some cases impossible. Since the original requirement to add CALEA-compliant interfaces required phone companies to modify or replace hardware and software in their systems, U.S. Congress included funding for a limited time period to cover such network upgrades. CALEA was passed into law on October 25, 1994 and came into force on January 1, 1995.

In the years since CALEA was passed it has been greatly expanded to include all VoIP and broadband internet traffic. From 2004 to 2007 there was a 62 percent growth in the number of wiretaps performed under CALEA — and more than 3,000 percent growth in interception of internet data such as email.[1]

By 2007, the FBI had spent $39 million on its DCSNet system, which collects, stores, indexes, and analyzes communications data.[1]”

http://en.wikipedia.org/wiki/Communications_Assistance_for_Law_Enforcement_Act

————-

Disturbing…

[FlyerInHi]

[quote=CDMA ENG][quote=spdrun]Agreed it’s a problem.

There should be limits on data retention. A government agent deliberately circumventing those limits should be punishable by a year in general prison population for each instance.[/quote]

There is… It called CALEA… Whether or not your government has it or not the phone companies do… retaining the last seven years of your positional, text, and call profiles.

It just means the cops has to go a little extra step.

CE[/quote]

Having that telcos keep the data is not as bad. The government can’t rummage through the data unfettered. They have to ask for the data of suspects.

[CDMA ENG]

[quote=FlyerInHi][quote=CDMA ENG][quote=spdrun]Agreed it’s a problem.

There should be limits on data retention. A government agent deliberately circumventing those limits should be punishable by a year in general prison population for each instance.[/quote]

There is… It called CALEA… Whether or not your government has it or not the phone companies do… retaining the last seven years of your positional, text, and call profiles.

It just means the cops has to go a little extra step.

CE[/quote]

Having that telcos keep the data is not as bad. The government can’t rummage through the data unfettered. They have to ask for the data of suspects.[/quote]

Electronic intercept cannot happened without a warrant. We have huge department that solely deals with subpoenas.

Remember that in all of this none of the actually voice conversation is recorded.

The requirement is seven years of records per subscriber.

Don’t do dirt with a cell phone your pocket…

Now they don’t even have to come in to do their wire tap. We just have the system dial them directly. If the criminal has a tap… It wring the calling party on the surveillance team directly.

CE

[CA renter]

CE, do you think it’s because of, or done under the guise of “terrorism.” It seems as though they are using “terrorism” as an excuse to justify all manner of despicable behavior on the part of the govt and its agents.

[Allan from Fallbrook]

[quote=CA renter]CE, do you think it’s because of, or done under the guise of “terrorism.” It seems as though they are using “terrorism” as an excuse to justify all manner of despicable behavior on the part of the govt and its agents.[/quote]

CAR: There’s votes and money to be had in the “War on Terror”, just as in the “War on Drugs”. You have the pork barrel politics of maintaining the Military – Industrial Complex in the former, and the Prison – Industrial Complex in the latter.

Meanwhile, you can use these various “Wars” to provide cover for all sorts of shitty programs and policies, all of which erode our freedom and civil liberties, under the rubric of “keeping us safe”.

For proof, you need look no further than our current president, who railed on the policies of his predecessor, only to continue down the same path.

“Meet the new boss, same as the old boss”.

[spdrun]

Terrorism is a bad joke of an excuse. To put things in perspective, on average less than 200 people per year have died of terrorism within the US over the past 20 years.

More than 10x that amount die of gun usage every year, yet we act shocked when someone proposes reasonable gun restrictions.

Why is the 2nd Amendment sacred and the 4th not?

[Author]

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