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  1. #51  
    funkylogik's Avatar

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    Default Re: What do you think? Stolen smartphones

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  2. #52  
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    Default Re: What do you think? Stolen smartphones

    Quote Originally Posted by jaltman View Post
    I do believe there is a case on the way to the Supremes on the search warrant issue, but I can't remember the details. There are several different issues brought up here. One is email. Email is not really a cellphone issue. We access our email from many locations. Server resident data raises two main issues, one is whether there is a reasonable expectation of privacy and two is who owns the data. Cloud based data is subject to the agreement concerning use of the cloud, i.e. Instagram flap over use of your pictures. Good reason to run your own email server.

    Location and usage information (who did you call and text) is really different, as such is really part of the business records of the provider. That doesn't mean a search warrant isn't or can't be required for law enforcement to access. Technically, we'd know it if Android allowed GPS based location info for the phone without our consent, it is open source and there are smart guys out there who actually understand all that code. Location data without GPS is, at best triangulation off the cell towers, the accuracy of which will depend on the density of sites in the desired location. If it were not so, no app would be required to locate, only a server side inquiry of the phone.

    Lastly, the U.S. Constitution provides a floor beneath which the states may not go lower, but states are free to set higher requirements than the U.S. Constitution. My comments are based only on laws of the State of Georgia. Recently, the Supremes decided warrants were required for thermographic imaging of a home (looking for marijuana grow houses), but in Georgia such searches are not allowed even with a warrant. Georgia laws only allow searches for things and the Georgia Supremes held that that the thermographic image was not a "thing".

    YMMV.
    Here's an additional article, that may interest some:

    The Snoop State's still alive and well (anybody notice?)
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