Wednesday, June 8, 2011

New Bill Introduced To Outlaw GPS Tracking Without Consent


We've been noting, over the past few years, the growing number of lawsuits involving the legality of law enforcement tracking people's movements with GPS devices. There are some mixed and contradictory rulings, which means it'll all likely hit the Supreme Court at some point, but a new bill in the Senate from Ron Wyden and Jason Chaffetz apparently seeks to do an end-run around all of that and have Congress clarify the law by saying it's illegal to track that kind of data without a warrant. The bill using yet another "cute" acronym is the "Geolocational Privacy and Surveillance Act" -- or the GPS Act. Get it?

I do wonder if some of the prohibitions on "intercepting" such information go too far -- though there is a "normal course of business" exception in the law. The key focus of the bill really seems on law enforcement, and requiring them to take the not-at-all-onerous step of first getting a warrant. This is eminently reasonable, but you can bet that law enforcement is going to go ballistic about how this bill will "harm" investigations and put people at risk. Get ready for the fear mongering...

 

 

 

 

 

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