Should Probable Cause Be Required for Police to Use Cell Phone Location Data?
The Geolocational Surveillance and Privacy Act, or GPS Act, seeks to address concerns of the use by law enforcement of an individual's location data from cell phones, GPS services, and other devices. The bill requires that authorities acquire a search warrant before intercepting such information to track an individual's location, or face up to five years in jail. Proponents of the law say that the Fourth Amendment, which protects citizens from "unreasonable search and seizures," dictates that authorities must prove probable cause before using an individual's geolocation data. Opponents say legislators should be making it easier for law enforcement to catch criminals, not more difficult, as they assert the GPS Act would. Is probable cause necessary for geolocation data? Here is the Debate Club's Take:
The Arguments
Yes — The Fourth Amendment protects against cell phone tracking and invasive searches base on geolocation data
CATHERINE CRUMP, Staff Attorney with the American Civil Liberties Union's Speech, Privacy & Technology Project Comment
Yes — A warrant should be required for geolocational data just as it is for the search and seizure of physical objects
JASON CHAFFETZ, U.S. Representative from Utah Comment
Yes — With no warrant requirement, officers can track anyone and everyone without any reason
JENNIFER S. GRANICK, Director of Civil Liberties at the Center for Internet and Society Comment (1)
No — Law's intent is good, but standard of proof can be lowered without invading privacy or handcuffing cops
TREY GOWDY, U.S. Representative from South Carolina Comment (1)
No — Information provided by cell phone towers can help make arrests
JOSEPH I. CASSILLY, Former President of the National District Attorneys Association Comment (1)
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