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California Bill Blocks Warrantless Cell Location Data Collection
Moving in the Opposite Direction of Federal Government
by Karl Bode Thursday 12-Apr-2012 tags: business · privacy · consumers
A recent ACLU audit of local law enforcement practices highlighted how there's really no rules being followed in terms of wireless consumer surveillance. California is now cooking up a bill that would block governments and law enforcement from obtaining location information from cellphones without a warrant. State Sen. Mark Leno (D-San Francisco) has proposed SB 1434, an amendment to the Penal Code, which would limit search warrants to a time frame "no longer than is necessary" and not exceeding 30 days. "Unfortunately, California’s privacy laws have not kept up with the electronic age, and government agencies are frequently accessing this sensitive information without adequate oversight," Leno said in a statement.

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Maxo
Your tax dollars at work.
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join:2002-11-04
Tallahassee, FL

Good to see

It's good to see elected officials recognizing there is a balance between the needs to law enforcements, and the rights of society.

DataDoc
My avatar looks like me, if I was 2D.
Premium
join:2000-05-14
Greenville, NC
Reviews:
·Suddenlink

For once they've got it right

Apparently, up to now, idle curiosity would be enough to track you.

This speaks to government and law enforcement, what about private citizens tracking each other?
--
"Don't shoot, I am Che Guevara and I am worth more to you alive than dead." - his last words.
averagedude

join:2002-01-30
San Diego, CA

Finally, some good news out of CA

As a person who lives in CA, it is nice to finally see some good news come out of CA.
old_wiz_60

join:2005-06-03
Bedford, MA

Does anyone believe...

that the cops will follow the rules? If they want the cell info they will simply take it. They know full well that they can get away with it.

Nightshade
Premium
join:2002-05-26
Salem, OR

Re: Does anyone believe...

Can they take it sure, but it's worthless as evidence because it wouldn't be admissible in court. So why would the police bother with it if they can't use it even in an investigation? Also realize that this could backfire on them if they just take it and tank the whole investigation.
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The true patriot is motivated by a sense of responsibility, and out of self interest for himself, his family, and the future of his country to resist government abuse of power. He rejects the notion that patriotism means obedience to the state.

coldmoon
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Broadway, NC
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·Windstream

Federal Law trumps State law...

It will be interesting to see how this goes and how quickly Washington will move to make certain this law either dies in committee or is killed when they sue the State post passage...
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BF69
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join:2004-07-28
Camden, TN

Re: Federal Law trumps State law...

said by coldmoon:

It will be interesting to see how this goes and how quickly Washington will move to make certain this law either dies in committee or is killed when they sue the State post passage...

Since the federal law would only apply to federal cases I'm not sure how the federal government can prevent California from enacting this law as it applies to law enforcement within California.

coldmoon
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join:2002-02-04
Broadway, NC
Reviews:
·Windstream

Re: Federal Law trumps State law...

said by BF69:

said by coldmoon:

It will be interesting to see how this goes and how quickly Washington will move to make certain this law either dies in committee or is killed when they sue the State post passage...

Since the federal law would only apply to federal cases I'm not sure how the federal government can prevent California from enacting this law as it applies to law enforcement within California.

What use is the State Law when Federal LE can do as they please?
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Returnil - 21st Century body armor for your PC
Mr Matt

join:2008-01-29
Eustis, FL
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About time to put police on a short leash!

I will never forget the scandal in South Florida where police pigs were monitoring the activities of hot chicks that had LoJack theft recovery systems in their vehicles. They were caught by LoJack when they were found accessing the tracking systems with no notification by the subscriber, that their vehicle was stolen.

LoJack was not to happy when customers started having the systems removed from their vehicles because the system was being abused by out of control cops. Now that citizens are carrying multiple GPS tracking systems in their cell phones and vehicles (On-Star) I am sure that police pigs will track away whether or not the pig has obtained a warrant.

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