Cell Phone Tracking
My friend Catherine Crump, staff attorney at the ACLU, has an excellent op-ed in the Philadelphia Inquirer about whether police must obtain a warrant before engaging in geo-location of cell phones. The case at issue, in front of the Third Circuit, offers an important opportunity to clarify privacy rights at a time when our physical location is increasingly ascertainable. Right now, the case law mostly looks to whether tracking occurs outside or inside the home – a distinction that seems untenable in light of the Supreme Court’s statement that privacy protects people, not places. I’m looking forward to the court’s decision, though admittedly with some trepidation…