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GPS tracking information is currently in a legal grey area, despite its widespread use by law enforcement. Senator Ron Wyden, an Oregon Democrat, is preparing a bill that would provide legal boundaries for geolocation information. Geolocation information includes GPS tracking devices placed on a vehicle, as well as data transmitted from a mobile device, such as a smart phone.

Senator Wyden explains, “I think that a lot of people have not really put their arms around the dimensions of this, the fact that everybody’s got a handheld electronic, a cell phone, a GPS system. . . Everybody’s carrying them around everywhere and probably aren’t thinking that much about the fact that someone may be keeping tabs on them.”

The proposed bill, deemed the Geolocation Privacy and Surveillance Act, or GPS Act, is expected to receive strong support from wireless carriers, internet providers and civil libertarians. Advocates of the bill argue that GPS tracking information should only be available with probable cause and a warrant.

The opposition, including the Obama Justice Department, believe that location information doesn’t need protection. They argue that Americans have no reasonable expectation of privacy for the location information of their smart phones and other GPS tracking devices. They also argue that obtaining a warrant for every case would significantly slow down the process of solving time sensitive cases, such as child exploitation.

Kevin Bankston, a senior staff attorney at the Electronic Frontier Foundation, who often works on electronic privacy issues weighed in. “It’s really up to Congress to step in and provide clear rules for both the government and companies and judges that are faced with these issues. That’s the only way to bring the necessary clarity to the location privacy situation.” There is currently no clear timeline for when the bill will be ready for Congress.

Article Written by Marisa O’Connor