NNSquad - Network Neutrality Squad
[ NNSquad ] California: *All* data on *all* devices you carry is subject to warrantless search
California: *All* data on *all* devices you carry is subject to warrantless search http://bit.ly/ep9OUC (CNN) This ruling illustrates a good reason to keep your phone locked (or have a way to lock it quickly), and keep as much phone-related data as possible in the cloud, where warrantless searches are much less likely in the general case. Note though, that there are legal tradeoffs between cloud-based and personal-based data in all manner of complex ways due to lack of harmonization of relevant laws in a manner that would provide equally strong privacy protection in all cases. Such harmonization in favor of privacy is crucially needed. Key points: Ruling conflicts with other rulings, Supreme Court involvement likely "Ruling includes any arrests, even for protests and demonstrations." "... ruling is not limited to text messages. The ruling allows police in California to access any data stored on an arrestee's phone: photos, address book, Web browsing history, data stored in apps (including social media apps), voicemail messages, search history, chat logs, and more. Also, depending on the use of location-enabled services or apps that store data on the phone, the police might also be able to infer the arrestee's past whereabouts." I should add that it appears the ruling would apply to any other carried devices as well. Laptops, thumb drives, you name it. "The police can ask you to unlock the phone -- which many people will do -- but they almost certainly cannot compel you to unlock your phone without the involvement of a judge," she said. Also, she noted that so far it's legally unresolved whether police can copy data from an arrestee's phone for future examination." "Depending on who's getting arrested, and for what, warrantless searches of cell phone data could have wide-ranging potential to implicate not just the arrested person, but also to draw police attention to other people who might be involved (or merely associated) with the arrestee." More to come. --Lauren-- Lauren Weinstein (lauren@vortex.com) http://www.vortex.com/lauren Tel: +1 (818) 225-2800 Co-Founder, PFIR (People For Internet Responsibility): http://www.pfir.org Founder, NNSquad (Network Neutrality Squad): http://www.nnsquad.org Founder, GCTIP (Global Coalition for Transparent Internet Performance): http://www.gctip.org Founder, PRIVACY Forum: http://www.vortex.com Member, ACM Committee on Computers and Public Policy Lauren's Blog: http://lauren.vortex.com Twitter: https://twitter.com/laurenweinstein Google Buzz: http://bit.ly/lauren-buzz