Computers, Privacy & the Constitution

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EveShabtoFirstPaper 14 - 03 May 2017 - Main.EbenMoglen
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CONFLICT original 10:
As the Fourth Amendment and third party doctrine stand, CSLI does not have the protection it deserves. Instead, Congress should update the SCA or pass entirely new legislation that protects CSLI with a warrant requirement. There are currently nine states that have passed state laws requiring law enforcement to obtain a warrant before accessing historical CSLI(1) which indicates there is an appetite for such legislation -- but unfortunately, probably not in our federal Congress. Congress recently passed a resolution to allow ISPs to sell internet-users' browsing history without users consent or knowledge. (2) How did this happen? The telecommunications industry "actively lobbied Congress to roll back broadband privacy protections passed by the FCC".(3) Cell phone service providers are unlikely going to relinquish control over user cell site location information.
CONFLICT version 11:

Notes

1 : https://www.aclu.org/map/cell-phone-location-tracking-laws-state

2 , 3 : https://www.usnews.com/opinion/articles/2017-03-31/congress-vote-to-repeal-fcc-broadband-privacy-rules-sells-out-consumers

Changed:
<
<		As the Fourth Amendment and third party doctrine stand, CSLI does not have the protection it deserves. Instead, Congress should update the SCA or pass entirely new legislation that protects CSLI with a warrant requirement. There are currently nine states that have passed state laws requiring law enforcement to obtain a warrant before accessing historical CSLI(4) which indicates there is an appetite for such legislation -- but unfortunately, probably not in our federal Congress. Congress recently passed a resolution to allow ISPs to sell internet-users' browsing history without users consent or knowledge. (5) How did this happen? The telecommunications industry "actively lobbied Congress to roll back broadband privacy protections passed by the FCC".(6) Cell phone service providers are unlikely going to relinquish control over user cell site location information.

Notes

4 : http://www.aclu.org/map/cell-phone-location-tracking-laws-state

>
>		As the Fourth Amendment and third party doctrine stand, CSLI does not have the protection it deserves. Instead, Congress should update the SCA or pass entirely new legislation that protects CSLI with a warrant requirement. There are currently nine states that have passed state laws requiring law enforcement to obtain a warrant before accessing historical CSLI(7) which indicates there is an appetite for such legislation -- but unfortunately, probably not in our federal Congress. Congress recently passed a resolution to allow ISPs to sell internet-users' browsing history without users consent or knowledge. (8) How did this happen? The telecommunications industry "actively lobbied Congress to roll back broadband privacy protections passed by the FCC".(9) Cell phone service providers are unlikely going to relinquish control over user cell site location information.

Notes

8 : See https://www.usnews.com/opinion/articles/2017-03-31/congress-vote-to-repeal-fcc-broadband-privacy-rules-sells-out-consumers

 
CONFLICT version new:
As the Fourth Amendment and third party doctrine stand, CSLI does not have the protection it deserves. Instead, Congress should update the SCA or pass entirely new legislation that protects CSLI with a warrant requirement. There are currently nine states that have passed state laws requiring law enforcement to obtain a warrant before accessing historical CSLI(10) which indicates there is an appetite for such legislation -- but unfortunately, probably not in our federal Congress. Congress recently passed a resolution to allow ISPs to sell internet-users' browsing history without users consent or knowledge. (11) How did this happen? The telecommunications industry "actively lobbied Congress to roll back broadband privacy protections passed by the FCC".(12) Cell phone service providers are unlikely going to relinquish control over user cell site location information.
CONFLICT end

Notes

12 : http://www.usnews.com/opinion/articles/2017-03-31/congress-vote-to-repeal-fcc-broadband-privacy-rules-sells-out-consumers


Revision 14r14 - 03 May 2017 - 21:23:10 - EbenMoglen
Revision 13r13 - 03 May 2017 - 21:22:53 - EveShabto
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