In advance of a hearing on “Bolstering Data Privacy and Mobile Security” EPIC has told the House Science Committee that Congress should apply a heightened “super warrant” standard to "StingRays,” a technique for tracking cell phones users. After an EPIC FOIA lawsuit revealed that the FBI was using stingrays without a warrant, the Bureau changed its practices. EPIC filed amicus briefs in U.S. v. Jones and Carpenter v. U.S., two recent Supreme Court cases, arguing that a warrant is required to obtain location information. In a landmark ruling last week, the Supreme Court held that the Fourth Amendment protects location records generated by mobile phones. As a consequence, EPIC said, Congress should update federal privacy law.
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