Last year, law enforcement agencies across the country made 1.3 million requests for cell phone data. This data, including location information and even text message content, is said to be used for tracking drug dealers and kidnappers. But not everyone is convinced that the requests are warranted.
According to the Washington Post, the number of requests was handed over to lawmakers in response to a congressional inquiry. Nine cell phone carriers responded to the request.
“All requests were made pursuant to a legal warrant or granted because of an emergency situation in which an individual was in imminent danger,” according to the carriers.
What many people don’t understand, however, is that much of the information requested comes in the form of “cell tower dumps.” This means it doesn’t only contain potential information from a suspect’s cell phone, but information from everyone else within “reach” of that cell tower during a specified time.
In other words, if the cops are searching for information on a drug dealer and get the cell tower information, they could be getting your text messages and location information too.
“We cannot allow privacy protections to be swept aside with the sweeping nature of these information requests, especially for innocent consumers,” says Rep. Edward J. Markey (D-Mass.), co-chairman of the Bipartisan Congressional Privacy Caucus. “Law enforcement agencies are looking for a needle, but what are they doing with the haystack?”
Earlier this year, the high court ruled that law enforcement needed to have a warrant in order to track a vehicle with a GPS device. But whether or not a warrant is required for cell-phone tracking seems to be up in the air for many departments. It would seem the same standard would apply, however, requiring police to show probable cause in order to get a warrant for the information they seek.
The inquiry found that this increase in requests from law enforcement has been gradual over the years, rising between 12 and 16 percent between last 2010 and 2011, depending on the carrier.
Cell carriers say they have denied requests. AT&T says it denied an average of 18 requests per week in 2011 because there was no warrant or exigent circumstances compelling them to comply with the demand from law enforcement.
As citizens, we value our privacy and our Constitutional rights protect that privacy to a certain extent. A search of cell phone data is a search nonetheless and a warrant should be required to get this information under all circumstances.
If you are charged with a crime and have questions about the evidence against you, including the constitutionality of a search for instance, we may be able to help. Contact our offices today to discuss your case.
About David Matson