Results 1 to 8 of 8

Thread: New York judge denies government warrant for Verizon location data

  1. #1

    New York judge denies government warrant for Verizon location data

    Beating the man at his own game on Monday, a federal judge from the Eastern District of New York denied the US government's application asking Verizon Wireless to hand over 113 days of customer location data

    http://www.engadget.com/2011/08/23/n...n-location-da/




    http://ia600309.us.archive.org/33/it...312774.6.0.pdf

    The fiction that the vast majority of the American population consents to warrantless government access to the records of a significant share of their movements by "choosing" to carry a cell phone must be rejected. In light of drastic developments in technology, the Fourth Amendment doctrine must evolve to preserve cell-phone user's reasonable expectation of privacy in cumulative cell-site-location records.

    This court, however, does not set out here to "establish far-reaching premises that define the existence, and extent, of privacy expectations." Id. (internal citations omitted)). Rather, it only seeks to resolve the question before it: whether the request for at least 113 days of cumulative cell-site-location records for an individual's cell phone constitutes a search under the Fourth Amendment. (Sealed Appl. at I, 5.) The court concludes that it does. Consequently, the information sought by tlie Government may not be obtained without a warrant and the requisite showing of probable cause. The Government's motion is denied without prejudice to any future applications seeking to obtain the requested information through a warrant pursuant to 18 U.S.C. §§ 2703(c)(l)(a) and Federal Rule of
    Criminal Procedure 41.

    IV. CONCLUSION

    While the government's monitoring of our thoughts may be the archetypical Orwellian
    intrusion, the government's surveillance of our movements over a considerable time period through new technologies, such as the collection of cell-site-location records, without the protections of the Fourth Amendment, puts our country far closer to Oceania than our Constitution permits. It is time that the courts begin to address whether revolutionary changes in technology require changes to existing Fourth Amendment doctrine. Here, the court concludes only that existing Fourth Amendment doctrine must be interpreted so as to afford constitutional protection to the cumulative cell-site-location records requested here. For the foregoing reasons
    the Government's motion for orders pursuant to 18 U.S.C. § 2703(c){l) and (d) is DENIED.
    SO ORDERED.
    //
    "IF GOD DIDN'T WANT TO HELP AMERICA, THEN WE WOULD HAVE Hillary Clinton"!!
    "let them search you,touch you,violate your Rights,just don't be a dick!"~ cdc482
    "For Wales. Why Richard, it profits a man nothing to give his soul for the whole world. But for Wales?"
    All my life I've been at the mercy of men just following orders... Never again!~Erik Lehnsherr
    There's nothing wrong with stopping people randomly, especially near bars, restaurants etc.~Velho



  2. Remove this section of ads by registering.
  3. #2
    Booya!

    One for our freedom!!!

  4. #3
    I love this part of the conclusion:
    IV. CONCLUSION
    While the government's monitoring of our thoughts may be the archetypical Orwellian
    intrusion, the government's surveillance of our movements over a considerable time period
    through new technologies, such as the collection of cell-site-location records, without the
    protections of the Fourth Amendment, puts our country far closer to Oceania than our
    Constitution permits.

  5. #4

  6. #5
    so there are good Judges out there
    We'll know our disinformation program is complete when everything the American public believes is false. -- William Casey, CIA Director

    Get your facts first, then you can distort them as you please.-- Mark Twain

    When people like us-- the scum of society-- don't risk our lives when a rare chance comes our way, we become losers at that moment. So courage is the only thing we can rely on.-- Anchan
    Rick Simpson Hemp Oil

  7. #6
    You have given out too much Reputation in the last 24 hours, try again later.

  8. #7
    Quote Originally Posted by squarepusher View Post
    so there are good Judges out there
    Now imagine if a judge would use this quote(edited) for air-travel...
    The fiction that the vast majority of the American population consents to warrantless government access to the Touching of significant parts of their bodies by "choosing" to use an airline must be rejected.
    Last edited by aGameOfThrones; 08-24-2011 at 02:28 AM.
    "IF GOD DIDN'T WANT TO HELP AMERICA, THEN WE WOULD HAVE Hillary Clinton"!!
    "let them search you,touch you,violate your Rights,just don't be a dick!"~ cdc482
    "For Wales. Why Richard, it profits a man nothing to give his soul for the whole world. But for Wales?"
    All my life I've been at the mercy of men just following orders... Never again!~Erik Lehnsherr
    There's nothing wrong with stopping people randomly, especially near bars, restaurants etc.~Velho

  9. #8
    Quote Originally Posted by squarepusher View Post
    so there are good Judges out there
    Without good district attorneys it makes no difference at all , especially when judges grant immunity to sheriffs and deputies and cops. Arizona has judges who grant immunity to Sheriff Arpaio all the time and never allows Arpaio to be taken to court.
    Last edited by CaptainAmerica; 08-24-2011 at 02:32 AM.



  10. Remove this section of ads by registering.


Similar Threads

  1. How to OPT OUT of VERIZON Selling YOUR Data
    By presence in forum Individual Rights Violations: Case Studies
    Replies: 0
    Last Post: 10-25-2012, 05:12 PM
  2. Replies: 1
    Last Post: 10-10-2012, 06:25 PM
  3. Replies: 0
    Last Post: 10-11-2011, 06:08 PM
  4. Judge Nixes Warrantless Cell Phone Location Data
    By DamianTV in forum U.S. Political News
    Replies: 1
    Last Post: 08-25-2011, 10:24 PM
  5. Replies: 0
    Last Post: 08-24-2011, 08:23 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •