EFF To Maine, Massachusetts Courts: Rule Requiring Warrants to Access Cell Phone Location Data Applies to Real-Time Searches

Cases Among First Since Landmark Supreme Court Decision in CarpenterPortland, Maine—The Electronic Frontier Foundation (EFF) and the ACLU are urging the state’s highest courts in Massachusetts and Maine to rule that law enforcement agents need a warrant to access real-time location information from cell phones, a clear application of a landmark U.S. Supreme Court ruling from June. EFF, in partnership with ACLU chapters in Massachusetts and Maine, is asking the state courts to recognize, as the Supreme Court did in U.S. v Carpenter, that people have a constitutional right to expect privacy in their physical movements, which can be revealed in minute detail by the cell phones they carry. Cell phone use is ubiquitous in our society. People have their phones with them all the time, and the location information produced by the phone can reveal our every move—where we live, socialize, visit, vacation, worship, and whom we meet with, including friends, colleagues,…

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