The House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations today heard testimony today on proposed Geolocation Privacy safeguards for the collection and use of location data generated by cellphones and other devices. As EPIC recently noted in a letter to the House Judiciary committee, and testimony before the Maryland House of Delegates and Texas House of Representatives on similar bills, ECPA does not protect location records; courts are divided on whether such records are protected by the Fourth Amendment. For more information, see EPIC: Locational Privacy.
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Communications Law and Policy
Jerry Kang and Alan Butler