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Currently law enforcement officers across the United Statesdon’t need a warrant to obtain sensitive information sent overcellular networks, and a recent analysis concluded that serviceproviders receive over one million requests annually for this kindof information. Wiretapping text messages and phone calls areanother story, but under current law it’s all too easy for policeagencies to request and obtain certain cell information, includingreal time location data that can let officers nearly pin-point theexact spot a person is located.“Cell phones communicate location informationconstantly,” says Greg Foster of the Electronic FrontierFoundation’s Austin, Texas office. “Now the details of your life– your employer, your hobbies, your relationships, your religion,political meetings you attend – can all be gleaned from customerdata held by your phone company. And police don’t need a warrant toget it.”Lawmakers in Texas don’t like that notion, and are askingofficials in both the state House and Senate to approve separatebills that will bar law enforcement from obtaining cell towerlocation data without good reason.If passed, the law enforcement will only be able to obtaininformation “if there is probable cause to believe the recordsdisclosing location information will provide evidence in a criminalinvestigation.”“When the Bill of Rights was written, the framers kept alltheir personal information in their homes, and no one had inventedlocation tracking. This bill will apply our constitutional rightsto the new ways we collect and store personal information,”explains Heather Fazio of Texans for Accountable Government.Scott Henson, the writer of the criminal justice blog Grits forBreakfast, adds, “This bill ensures that government can’t trackyour daily movements without a good reason.” The EFF’s Fostersays it “creates reasonable privacy protections for allTexans.”One of the acts, House Bill 1608, was filed last month by StateRep. Bryan Hughes (R-Mineola). State Senator Juan “Chuy” Hinojosa(D-McAllen) has introduced a companion bill in the other chamberthat has since attracted support from both sides of the aisle. TheTexas Electronic Privacy Coalition and the state’s American CivilLiberties Union branch both endorse the legislation as well,although it will need approval in both the House and Senate beforeit can land on the desk of Governor Rick Perry, who unsuccessfullysought the Republican Party’s nomination for president during lastyear’s election.Should Gov. Perry sign-on, Gregory Nojeim of the Center forDemocracy and Technology says it could set the stage for federallawmakers to follow suite.“What the states do on this issue will certainly influencewhat Congress does,” Nojeim, a senior counsel at the CDT, tellsArs Technica. “It’s clear to me that because the location of acell phone is mobile and because phones cross state lines routinelyit’s probably that if the states start acting then Congress wouldneed to enact a uniform rule.”A Supreme Court decision last year in the case of United Statesv. Jones ruled that law enforcement cannot track a suspect using aGPS signal without a warrant. Police agencies can still easilyaccess other location data sent from cell towers, however, whichgives near-perfect estimations of where a person is located at aspecific time.Should the Texas bills be approved, cell service providers willalso need to provide to the public and government an annualtransparency report on how law enforcement applies for sensitiveinformation. … Read More