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Tracked by cellphone
Mark Rasch, 2005-12-22

We know that technology can be used to track people's location via a cellphone, but how difficult is it for law enforcement to get a court order and do this legally?

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Tracked by cellphone 2005-12-22
Matthew Murphy
My view of "in transmission" is simply that the communication is "in process". If records of my communications are available beyond the time they've served their intended purpose, they are stored.

For instance, if the content of my SMS message is logged by my cell phone company after its delivery to the recipient, that is stored.

In the case of location data, the data is "in transmission" until my cell provider uses it to determine my location. If they log that information, it's stored. If they don't, the government ought to have no right to it. They are not entitled to information that enables them to determine my *current* location as last reported by my (running) phone.

Cell phones are rapidly becoming primary means of communication. I'm a college student, and it's been some time since I've used a land-line phone. With that being said, I certainly agree with your call that there should be protections for cellular users. The privacy rights of individuals should not be arbitrated by the bench.

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Link to this comment: http://www.securityfocus.com/comments/columns/376/32851#32851
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