Tag Archives: location

California AG Issues Guidance for Consumers on Managing Mobile Location Privacy

By Hannah Lepow Yesterday California Attorney General Kamala D. Harris released guidance on how smartphone and tablet users can manage GPS and other location tracking functions on their mobile devices. The brief information sheet, designed for consumers, details how Android and iOS users can control different types of location information on their devices, including location … Continue Reading

Rep. Lofgren Introduces Legislation to Update ECPA

Last Friday, Rep. Zoe Lofgren (D-CA) introduced the ECPA 2.0 Act, H.R. 6529, which would strengthen the legal standards for law enforcement to gain access to electronic communications and location information.  The Electronic Communications Privacy Act (ECPA) is more than 25 years old and is widely seen as needing modernization to address changes in digital … Continue Reading

California Legislature Bans Warrantless Location Tracking

Last week, the California legislature passed one of the nation’s most restrictive bills governing law enforcement’s ability to access location information.  Under the California Location Privacy Act, state and local government agencies would be required to secure search warrants before obtaining historical or current location information for any electronic device.  The California bill would curtail … Continue Reading

Supreme Court: Attaching GPS Tracker to Suspect’s Car Constitutes Search For Purposes of Fourth Amendment

The federal government conducted a search for purposes of the Fourth Amendment when it attached a GPS tracking device to a suspect’s car and used the device to track the suspect’s movements for 28 days, the U.S. Supreme Court ruled Monday. All nine justices voted to uphold the decision by the U.S. Court of Appeals … Continue Reading

Senator Schumer Calls on FTC to Investigate OnStar’s Privacy Practices

Today, Senator Charles Schumer (D-NY) sent letters to Federal Trade Commission chairman Jon Liebowitz and OnStar executive director Linda Marshall regarding recent controversial changes to OnStar’s privacy policies.  OnStar provides in-vehicle GPS navigation, emergency response, and concierge services for millions of U.S.-manufactured vehicles.  In providing these services, OnStar collects data regarding customers’ location, speed, driving … Continue Reading

Courts Address Locational Privacy Issues

As we previously noted here and here, locational privacy continues to be an area of ongoing interest.  Yesterday, a New Jersey appeals court ruled that a husband’s privacy rights were not invaded when his wife put a GPS tracking device in his car.  In Villanova v. Innovative Investigations, Inc., A-0654-10T2 (N.J. Sup. Ct. App. Div. … Continue Reading

Flurry of Privacy Bills Introduced in Congress; More to Come?

In light of the number of privacy and data security-related bills currently being considered by Congress, we thought it might be helpful to provide a roundup of the legislation introduced or circulated to date: Comprehensive privacy legislation: BEST PRACTICES Act, H.R. 611 (Rep. Rush): introduced Feb. 10, 2011.  Referred to the House Subcommittee on Commerce, … Continue Reading

Brookings Institution Holds Panel on Reforming ECPA

By Elizabeth Katz As Senate Judiciary Committee Chairman Patrick Leahy prepares to introduce legislation to reform the Electronic Communications Privacy Act, the Brookings Institution today held a panel on ECPA reform issues. The discussion began with a keynote address delivered by George Washington University Law School professor Orin S. Kerr. Following Mr. Kerr’s remarks, four … Continue Reading

Congressman Calls for FTC Investigation of Apple’s Privacy Practices

CNET reports that Rep. Jay Inslee (D-WA) is calling on the FTC to investigate Apple’s privacy practices, particularly with respect to location-based services.  In a letter to FTC Chairman John Leibowitz, Inslee expressed concern about users’ lack of awareness of “location-aware technology.”  He writes:  “Citizens expect to be able to know the extent to which … Continue Reading

Government Scrutiny of Locational Privacy Increases

Although concerns about locational privacy are hardly new, recent developments suggest that policymakers and government officials are taking a close look at the privacy issues raised when geolocation data is collected via smartphones. The Wall Street Journal reports that a federal grand jury in New Jersey is probing the data collection practices of smartphone applications.  According … Continue Reading
LexBlog