What do you think? Stolen smartphones

winmod21

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Oct 22, 2012
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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.
That's really interesting; thanks for that. The Constitutional questions pertaining to 'reasonable expectation of privacy' and the legal challenges thereof are surely going to be occupying more and more of the Supremes dockets throughout the coming years. Including States rights, or not, to breach that 'floor beneath' level. From the outside looking in, it seems like citizens reasonable expectations of privacy? have been on a 11+ year ? severe and rapid decline, month by month.

Must be an ever-growing Law School curriculum!

If I were to be categorized, politically, it would likely be as a Constitutionalist. So thanks to you, for being what appears to be a believer, keeper, and Steward of our U.S. Constitution. As well, I sense, a stand-up Magistrate. ;) I believe I would appreciate coming before your court . . on any matter.
 

ibcop

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Want my phone? Say hello to Mr. Glock.....of course that being said if I could use it without putting anyone else in harms way. I love CCW's!!
 

ansextra

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Have u heard of carbonite?? Awesone backup and protection software especially if u have a high value phone. It will lock out and locate the phone via gps.

Sent from my ZTE N9120 using Android Central Forums
I use Carbonite on my PC as well as my phone. I have it all set to wipe out my phone remotely if necessary. Great program!
 

Kelly Kearns

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My wife likes to put duct tape over my mouth . . . whenever we're golfing, or at a movie, or whilst shopping, or when having samples at a Sam's Clubs or Costco, or, or . . . . hmmmm, now that I think about it, it seems like . . .almost all the time. . :(

I only remove the duct tape from his mouth when I want his opinion ;)

If for nothing else, WMD is great to locate your phone at home when it is in silent or the volume is low.

Sent from my AT&T Samsung S3
 

winmod21

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Oct 22, 2012
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I only remove the duct tape from his mouth when I want his opinion ;)
Sounds like a good idea. ;) Sooner or later, most guys learn that, at the end of the day, they really only have two choices. They can either be right. Or they can be happy. ;)

If for nothing else, WMD is great to locate your phone at home when it is in silent or the volume is low.
'WMD' ? . . . So we're talkin' Weapons of Mass Destruction now? Is that it? Seems a bit harsh, doesn't it, just to locate your phone? :confused: ;)
 

funkylogik

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Kelly does ur nickname reflect a western celtic ancestry, pal? ;)

MERRY XMAS!!!X
Unbranded international s3 with Official 4.1.2 JB. Paisley, Slotland, Western Europe :beer:
 

winmod21

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Oct 22, 2012
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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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