Editor's Corner

When our founding fathers wrote the Bill of Rights they had no idea that inventions like the cell phone and tracking technology would spark a debate tied directly to the Fourth Amendment which reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

There is no mention of where cell phones and other digital handheld devices come into play in the amendment, and it's a hot topic right now in the court system as enforcement and government agencies such as the FBI view cell phone information (such as phone location, calls made, etc.) as a great new tool for finding and hunting down criminals.

The problem, as privacy advocates explain, is that we should all have some expectation of privacy with the technology we use. Where to draw the line on when police can use cell phone data for investigations is a hot legal button. As a New York Times article explains, the courts have already begun ruling and the privacy advocates are getting concerned.

While I can see why law enforcement is so keen to get the data for their work, I see an inherent problem in validating people's whereabouts and actions via their cell phone. Cellular service data that indicates a call was made, or that a phone was in the location of a crime, isn't compelling evidence to me that the cell phone owner is guilty of something. There's no way to prove who made a call or was carrying that particular phone unless you also have a photo that shows a person using their actual phone.

It's an interesting topic and dialog given that cellular devices and mobility is a growing focus for today's businesses and employee productivity. Lots of companies are already using cell service and applications like GPS to track workers, equipment and vehicles, but it's something done upfront with the users' consent. As one expert notes in the article, when that consent isn't given, the line between privacy and law enforcement requirements to ensure public safety can get quite blurry.

And hey, in case you want to refresh your memory on the other Bill of Rights Amendments, here's a great site from the Legal Information Institute that you might want to bookmark. - Judy