Rocky Mountain Tracking » privacy

Supreme Court Decides Warrants Needed for GPS Tracking

Marisa O'Connor — Sat, 28 Jan 2012 17:00:42 +0000

In a historical case, the highest courts in the land, the U.S. Supreme Court, ruled that law enforcement are required to obtain a warrant before monitoring a suspect with a GPS tracking device. Since the technology was developed, countless innovations have been developed for GPS tracking. One of the most controversial uses of the technology has been police surveillance. Courts across the United States have been split on the constitutionality of warrantless GPS tracking. The issue was recently heard before the Supreme Court, in the historical United States v. Jones case.

The court’s decision is a “landmark ruling in applying the Fourth Amendment’s protections to advances in surveillance technology,” said Andrew Pincus, a Washington lawyer, in a brief filed on Jones’ behalf. The case in question involved Antoine Jones, a D.C. nightclub owner who received a life sentence after police found a large stash of drugs in his vehicle. The sentence was overturned by the D.C. Court of Appeals, due to the fact that much of the evidence obtained was provided by information gathered from the GPS device illegally attached to Jones’ vehicle.

This high-profile case was the latest in a string of similar cases receiving mixed rulings across the country, and caught the Obama Administration’s attention. The Administration asked that the high courts reinforce the original conviction. The primary argument for Jones’ sentencing is that GPS tracking is no different than other means of surveillance, which do not require a search warrant.

The Supreme Court Judges unanimously disagreed, setting an important precedent for tracking technology and privacy rights. “We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search,’” wrote Justice Antonin Scalia. Ironically, the officers on Jones’ case did obtain a warrant before attaching the tracking device to his vehicle. They only had ten days to attach the device, and waiting until that period had expired before using it, violating the warrant.

Big Brother and GPS Tracking

Hillary Mayfield — Mon, 23 Jan 2012 15:00:23 +0000

Orwell’s book 1984 raised alarms about big government always watching, but his fictional work is creeping ever closer to reality. As more cases involving GPS tracking come to light, citizens are beginning to realize what is at stake. Even the highest court in the land seems uncertain as to how to decide on the necessity of a warrant before tracking a suspect.

In the Name of Justice
The case before the Supreme Court concerns whether police should be required to obtain a warrant before tracking an individual. It might be tempting to say no since the police are serving the greater good of the community, but where does investigating end and prying start? Most people think in terms of navigational help when it comes to GPS, but GPS units used by the police are more of a two-way communication device. These GPS tracking devices interact with cellular data networks to keep a constant vigil on a suspect’s vehicle. It seems to fall more in the category of wiretapping, which does require a warrant, than a simple stake-out.

For You or Against You
Government is not the only one watching. Electronic devices of just about every kind have the ability to track a person’s location, browsing history, and apps. Makers of these devices not only keep record of this information, they sell it to other companies in an attempt to build their business. Companies like SmartPhone, Google, Facebook, and Verizon Wireless all sell information they gather from their customers to outside companies looking for a new pool of clients to draw from. Even the innocent collecting of traffic data by a GPS navigation company for the purpose of helping its users can be used by police to setup speed traps. Medical records and financial information can be released, children can be tracked, and employment can be terminated based on false information.

In a country where right to privacy is everything, why do Americans allow such scrutiny of their movements, purchases, and searches? Is it the free apps, ready access to information, easy to use navigational tools? How big are we willing to let Big Brother get? GPS tracking technology is very useful, but the buyer must beware and realize what he is sacrificing in the name of technology.

Carrier IQ Targeted in Latest Privacy Scandal

Marisa O'Connor — Thu, 15 Dec 2011 16:00:03 +0000

Carrier IQ is a company that allows wireless carriers, such as AT&T and Sprint Nextel, to monitor how their networks are being used and also track performance. Recently, concerns have been expressed that the company is violating the privacy of mobile phone users. The source of the concerns seem to stem from a patent filed by Carrier IQ, which states that the company is capable of monitoring and recording every keystroke entered into the user’s mobile device. Carrier IQ is just one of the many corporations targeted in privacy violation scandals and it is increasingly difficult for the average consumer to tell whether or not there is actually a violation of privacy involved.

Protecting individual privacy from the powers of government and giant corporations is not a new issue. Many, decades-old staples in science fiction deal with exactly this issue. With advances in technology, however, the Orwellian nightmare society of 1984 creeps ever closer to real possibilities. GPS tracking is a perfect example of how technology can potentially strip people of their privacy. The simple act of buying a modern car or mobile phone can open one up to the possibility of being remotely monitored on a minute-by-minute basis.

Over the past couple of years, we’ve seen several GPS tracking privacy scandals make their way to headlines. One of the major scandals arose when it became apparent that Apple and Google were monitoring their customers using the smart phone’s built-in GPS tracking ability. After some digging, however, it turned out that the companies were merely tracking where the smart phones were in relation to Wi-Fi networks in the area. The information was used to better the user experience.

Although all of the information has yet to be gathered, the same is likely true of the Carrier IQ scandal. Carriers, such as AT&T, must monitor the user activity within their network in order to navigate the ever-changing needs of customers. There are legitimate reasons for concern, but it’s important not to throw the baby out with the bath water.

GPS Monitoring in the Workplace: Balancing Employee Privacy and Employer Concerns

RMT GPS News — Thu, 07 May 2009 22:45:37 +0000

By Greg Bartlett

Everywhere you go, it seems like someone is watching. Whether it is other people, security cameras, or tracking devices, very often people are being monitored. This is especially true in the workplace. Employers of trucking industries and those who drive corporate fleets seek to increase efficiency, productivity, and accountability by monitoring their drivers.

GPS monitoring of employees has become increasing popular in recent years. Employers, concerned about their company resources, seek to find a way to monitor their employees in order to increase efficiency and save costs. With GPS devices, they can now see if employees are speeding, moonlighting, making unnecessary stops, using inefficient routes, or charging excessive overtime. Since these activities increase company liability and expenses and decrease company efficiency and opportunity to effectively help customers, companies are glad to find a way to monitor employee activity.

One company in Kansas which employs a small fleet started using GPS tracking because of a few problems the employees had in the past, such as the drivers not being where they were supposed to be. Now the company can make sure that drivers are using the most efficient routes, are driving safely, and are spending an appropriate amount of time on each job. GPS monitoring has allowed the company to increase its profits and its relationship with its customers by being more reliable.

Despite the benefits of GPS monitoring, some employees are worried about privacy issues. Most of the monitoring is concerned with employee malfeasance, but employees still aren’t thrilled with the idea of constantly being watched. Employees are especially concerned about being monitored after working hours.

At this point, there have been no court decisions about the legality of GPS tracking in the workplace. Only Connecticut requires that employees be informed beforehand if they are going to be monitored electronically. However, to protect the company against lawsuits and to avoid violating employees’ privacy, employers should be careful to inform employees that they will be monitored and explain when and how that monitoring will take place. Furthermore, information gathered from monitoring should be used only for the proper purposes, namely, to monitor work-related activities.

GPS monitoring can be a useful tool for employers to increase productivity, efficiency, and profit, but it needs to be carefully balanced with employee privacy. Only when properly balanced will GPS tracking be the best option for your company.