
Cops Need a Warrant to Grab Your Cell Tower Data, Florida Court Rules - diafygi
http://www.wired.com/2014/10/florida-court-requires-warrant-cell-tower-data/
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higherpurpose
This is a big win. If you read between the lines, it could also be used as an
argument to dismantle the Third Party Doctrine [1]. Just because you give your
data to a third party _does not mean_ that the data "isn't yours" and they can
take it and use it as they please (including the government). People using
third party services should and do have an expectation of privacy (such as
when using e-mail, chats, etc).

A "4th Amendment warrant" (to distinguish it from the _extra-constitutional_
3-months long FISA general "warrant") should be required for _all_ content
requests and the vast majority of metadata requests.

Congrats to ACLU, they've been having a winning streak lately in such cases.

[1] - [https://en.wikipedia.org/wiki/Third-
party_doctrine](https://en.wikipedia.org/wiki/Third-party_doctrine)

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PhantomGremlin
I wouldn't count on the US Supreme Court to agree.

For example they have ruled that it's OK for the govt to pick thru garbage you
have left out on the curb. It's probably a crime for some random person to
rummage thru your garbage picking out bottles and cans to recycle, but it's OK
for the FBI to carefully scrutinize every scrap of paper (or drugs etc) that
you threw out.

To me the garbage thing is a perfect "third party" situation, especially where
I live (garbage collection is done by private parties). In locations where
"the city" picks up your garbage one can perhaps argue that you're already
giving it to a government agency.

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spacemanmatt
I was not surprised by the ruling on garbage at the curb. When you put
something out into the public, it's fair game. I am ok with the court drawing
the line where private property stops.

But I don't see any reason that data should be subject to the same doctrine as
trash.

~~~
PhantomGremlin
> When you put something out into the public, it's fair game

I disagree with this. In my situation my garbage pickup is done by a private
company. What gives you or the FBI the right to rummage thru my garbage which
I have left out for the private company to dispose of?

Let's turn it around. Let's say that Amazon, a private company, delivers a
package to me, but I'm not home. Do you (or the FBI) have a right to paw thru
the contents just because it was left on my doorstep?

What about if the US Postal Service (an agency of the federal government)
leaves a package on my doorstep? Is it OK for the FBI to paw thru it?

Edit: to add to this, what about if my garbage isn't out at the curb of the
street, but instead is in my driveway or sidewalk, on my private property? Is
keeping the garbage can a few feet from the street enough to keep my privacy
rights intact? In many cities garbage pickup is done from the sidewalk, not
from the street. And I know it's private property, based on how many "slip and
slide" lawsuits get filed against private homeowners.

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diafygi
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