Finally, after almost 30 years, geofencing got taken to the 5th Circuit on appeal!
In a major decision on Friday, the federal Fifth Circuit Court of Appeals held that geofence warrants are “categorically prohibited by the Fourth Amendment.” Closely following arguments EFF has made in a number of cases, the court found that geofence warrants constitute the sort of “general, exploratory rummaging” that the drafters of the Fourth Amendment intended to outlaw. EFF applauds this decision because it is essential that every person feels like they can simply take their cell phone out into the world without the fear that they might end up a criminal suspect because their location data was swept up in open-ended digital dragnet.
Full article HERE from the Electronic Freedom Foundation. If you want to read a .pdf of the actual verdict, go to the link in the article.
Here is the Oxford definition-
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a virtual geographic boundary, defined by GPS or RFID technology, that enables software to trigger a response when a mobile device enters or leaves a particular area.“they could put up a geofence around the building, meaning your phone disables itself when you enter it”verb
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create a virtual geographic boundary around (an area) by means of GPS or RFID technology, enabling software to trigger a response when a mobile device enters or leaves the area.“the company has now geofenced the locations of 180,000 US schools”
An ‘advertising’ use of geofencing is HERE from Tech Target.
It is nice to see that ‘somebody’ believes the 4th Amendment is still valid and we have a a reasonable expectation of privacy, even if we have a cell phone with us!
We’d actually discussed this on our livestream last week, and yes, it was used to ‘locate’ folks to prosecute for Jan 6, 2020.
There are companies that ‘sell’ geofencing programs that can be used for any number of things, and just because you turn off your locating data, doesn’t mean the phone isn’t still being ‘located’ by the cell towers it is hitting.
It’s just ‘one’ more way of tracking us, whether or not we want to be tracked… sigh
Now imagine what could happen if this was combined with ‘social media’ scores like China… Can we say ‘Internal Passports’? I knew you could…
h/t Steven
Let’s take your Can we say ‘Internal Passports’? one step further. Outlaw (Executive Order) cash and require your cell phone (digital currency) app be used for all monetary activities. Gov’t monitoring & taxing on all selling & buying?
Also, ‘social media’ score offends those in power? Disable the app providing access to your digital currency.
[This happened with the truckers in Canada. Their bank accounts were disabled by Trudeau.]
You will bend knee to those in power.
As ragged as ours is, they don’t have a Bill of Rights.
Or guns.
Hey Old NFO,
I am pleased, .gov has been pushing the boundaries for the past 20+ years and really pushed it with the patriot act. THzat is what they used to go after people with Trumps 2016 campaign, I understand the reason for “fighting crime”, but when the .gov determines what “the crime ” is, then I started getting concerned especially with the double standard the federal level DOJ and others like them display.
RealID is Internal Passports.
It’s also unconstitutional, but when has that ever stopped the feds?
RealID also proves one is a citizen for voting purposes. At least, that’s how Florida uses it.
RealID is a “Passport Light” to visit Canada.
While some Feds in the field are perfectly nice people and no threat to freedom, far too many of their DC bosses are not and some agencies seem downright hostile to the Constitution and the American people. The Patriot Act and the organization of the Department of Homeland Security remind me far too much of the Nazis and the Enabling Act.
Hmm. Several Jan 6th protestors were identified by Geofence warrants IIRC. I wonder what this will do to their cases.
I agree with Mike V. As an Electrical Engineer based in Telecom for my life until I retired at the end of 21, the government has access to all telecom systems for voice and data. Once they ask they can monitor anything live if needed and can get access to previous call and data information. This is both domestic and international, cable and wireless.
All- Thanks and good points. I hadn’t ‘thought’ about the Real ID mess in that context… sigh
The decision that geofencing is a categotic violation of the 4th A will slow, but not stop, the .gov and their efforts at tyrrany.
It may affect some Jan 6 cases, but they so often “find” the criminal they want with an illegal technology, and then knowing who to look for “find” evidence in legal ways, though if they had started legally, they never would have found their suspect.
Unless the “suspect” is Trump.
They started with the man, and are still searching for the crime.
John in Indy
The decision that geofencing is a categotic violation of the 4th A will slow, but not stop, the .gov and their efforts at tyrrany.
It may affect some Jan 6 cases, but they so often “find” the criminal they want with an illegal technology, and then knowing who to look for “find” evidence in legal ways, though if they had started legally, they never would have found their suspect.
Unless the “suspect” is Trump.
They started with the man, and are still searching for the crime.
John in Indy
I’m still waiting for the “effects” of the fall of Chevron.
This ruling only applies in the 5th district. And has been pointed out, the criminals in power won’t let this opinion stop them. The problem is far deeper than this one issue which is really just a symptom of a much more massive problem.
John- Good point!
Ed- Yep!
Dan- Ouch, I didn’t think about that, thanks!
If they cannot get away with it openly, they will do it secretly. They are agents and duped slaves of the kingdom of satan, lying and murder and theft and destruction is their nature, and eternal perdition is their end.