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View Full Version : No, Turning On Your Phone Is Not Consenting To Being Tracked By Police says Maryland Court




DamianTV
03-06-2016, 04:09 PM
http://yro.slashdot.org/story/16/03/06/1646206/no-turning-on-your-phone-is-not-consenting-to-being-tracked-by-police


The Maryland Court of Special Appeals on Wednesday upheld a historic decision by a state trial court that the warrantless use of cell-site simulators, or Stingrays, violates the Fourth Amendment. The trial had suppressed evidence obtained by the warrantless use of a Stingray -- the first time any court in the nation had done so. Last April, a Baltimore police detective testified that the department has used Stingrays 4,300 times since 2007, usually without notifying judges or defendants. Stingrays mimic cellphone towers, tricking nearby phones into connecting and revealing users' locations. Stingrays sweep up data on every phone nearby -- collecting information on dozens or potentially hundreds of people. The ruling has the potential to set a strong precedent about warrantless location tracking.

Whoever came up with that initial idea that turning on an electronic device is consent is an asshole. Its the same slippery slope analogy that anti-privacy people will dream up to violate the fourth amendment. They would also have you believe that opening your refrigerator constitutes consent to your Insurance Company to know everything thats inside your fridge. Or having a TV in your bedroom as consent to know what your genitals look like, and publicly transmit that data to anyone willing to pay for it. And thats the real problem. Big data is big business. These companies are so desperate to make money that they will literally say anything to get you to give up information about yourself. "We're just tracking...", "Nothing wrong, nothing to hide", "We're a business and have a Right...", "You can trust us", "Privacy Policies protect you", "Your data is secure", "The Fourth Amendment is out of date with reality", "You agreed because...", and last but not least "Privacy is dead". I think the truly worst offender is the entire concept of Implied Consent. Tricks and manipulations and coersions and flat out lies. And they do this to themselves as much as they insist on doing it to everyone else. In psychology, thats called a rationalization, and is nothing more than an excuse that allows them to sleep at night.