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Monday, February 27, 2012

U.S. v. Jones Update

In January, I told you about the major U.S. Supreme Court ruling in U.S. v. Jones regarding the use of warrantless GPS tracking devices by the FBI.  Read more about that here.

On Friday, FBI General Counsel Andrew Weissmann made some comments at a conference on communications privacy regarding the "sea change" which has occurred as a consequence of  the Jones ruling within the FBI.  Immediately after the ruling, the FBI turned off around 3,000 GPS tracking devices, that were in use.  Collection of the devices has proved problematic in some cases, and the FBI has sought court orders allowing them to turn the GPS tracker on briefly to locate the device and retrieve it.

In addition, Mr. Weissmann alluded to the renewed examination within the agency of what constitutes a trespass, and not a legal warrantless search.  Using the most common example there is, Mr. Weissmann indicated that there is now some doubt as to whether the traditional "trash pull" is even legal without a warrant.

We do indeed live in interesting times.

Julie

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