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DOJ must release records about cellphone location tracking
The DOJ argued that if the records were disclosed, the ACLU might contact convicted defendants to determine whether they knew they were the targets of such tracking. However, the court stated that "the public interest in disclosure is . . . more than sufficient to tip the scales against the marginal privacy intrusion that could occur." In contrast, the court noted the public’s overriding interest in the topic of warrantless cellphone tracking, and the value of the records in “shedding light on the scope and effectiveness of cellphone tracking as a law enforcement tool.” As evidence of the potential value of the records to public discourse, the opinion cited the fact that courts are split on whether the government must demonstrate probable cause in order to obtain cell phone location data. ![]()
DOJ must release records about cellphone location tracking
Reporters For Freedom of The Press LINKKeywords: Privacy The U.S. Court of Appeals for the District of Columbia held yesterday that the U.S. Department of Justice must release case docket information in certain criminal cases resulting in convictions or guilty pleas. The ruling applies to cases in which the government used cellphone location tracking data without first obtaining a warrant supported by probable cause and potentially signals a departure from the "practical obscurity" privacy argument established by the U.S. Supreme roughly 22 years ago. In American Civil Liberties Union v. U.S. Department of Justice, the court held that the public interest in the requested materials outweighed any claimed privacy interests in the records. Therefore, exemption 7(C) of the federal Freedom of Information Act did not bar disclosure of the materials. The case began in 2007, when the ACLU became concerned by reports of federal law enforcement agencies using location data from cellphones obtained from telecommunications companies as a means to track individuals. AMERICAN CIVIL LIB. UNION v. US Dept. of Justice |