Senator Wyden Proposing Legislation Requiring Warrants For Law Enforcement To Get Device Location Info

from the good-for-him dept

Fri, Jan 28th 2011 12:56pm — Mike Masnick

Senator Ron Wyden is quickly becoming a politician to be proud of on issues that we feel are important. We've already seen him single-handedly stand up to COICA (and forcefully stand behind that position after facing ridiculous lobbying pressure). He also was one of a very small number of US politicians who has publicly expressed concerns about ACTA. But it's not just on copyright issues. Senator Wyden is now proposing a new law that would require that law enforcement get a warrant before being able to get location info from mobile devices.

While there are still some differing opinions in the courts on the legality of obtaining location info without a warrant, law enforcement has pushed hard to not need a warrant to get such info, preferring to just use a subpoena (basically just asking with no real judicial review). Wyden believes this is wrong, and a violation of basic privacy principles:

"If you asked most Americans, I think they would tell you that surreptitiously turning somebody's cell phone into a modern-day tracking device ... and using it to monitor their movements, 24/7, is a pretty serious intrusion into their privacy, pretty much comparable to searching their house or tapping their phone calls."

It's so rare to see a politician say things we agree with that it seems worth highlighting. Who knows if this will actually get anywhere (chances are it won't), but Wyden still deserves kudos.

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Filed Under: location info, probable cause, ron wyden, warrant

29 Comments

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Anonymous Coward, 28 Jan 2011 @ 1:29pm

I can't believe I'm saying this about an elected official, but I'm proud that Senator Wyden represents my state. I can't even remember the last time that someone in congress actually gave a shit about the same things as I do.
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Gabriel Tane (profile), 28 Jan 2011 @ 1:37pm

Trap is set...
Let's see if we can get all the normal trolls under a single thread to be ignored after...

~ahem~

BUT IF YOU ARE DOING NOTHING WRONG, YOU HAVE NOTHING TO WORRY ABOUT!!

COICA AND ACTA ARE REQUIRED TO INSURE THE INCOME OF MUSICIANS ALL OVER THE WORLD!!

MIKE IS AN IDIOT BECAUSE HE [INSERT AD HOMINIM, UNSUPPORTED ATTACK HERE] SO THEREFOR, HE MUST BE WRONG HERE!!

LOL!! BUT PIRACY!! FREETARD!! .TORRENT = CRIME!! TD-SHEEPLE!!

Did I cover them all?

Sorry, it's Friday and I'm itchen to get home. Feeling a mite silly.
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Anonymous Coward, 28 Jan 2011 @ 1:42pm

Re: Trap is set...
You forgot this week's TAM Talking Point: "The Masnick Effect!!!!"
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Jeff, 28 Jan 2011 @ 1:45pm

beer
Senator Wyden, may I buy you a beer? Cheers and Bravo! :)
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Anonymous Coward, 28 Jan 2011 @ 1:49pm

Good for him. I hope his ideas spread.
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Gabriel Tane (profile), 28 Jan 2011 @ 1:58pm

Re: Re: Trap is set...
Damnit!!!!
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Keith (profile), 28 Jan 2011 @ 2:32pm

I wish my Senator would stand with this guy instead of against him (my senator being Orrin Hatch). I've written him (Sen. Hatch) a couple of times and all I get back is some bogus claims about job loss and protecting IP rights. It sickens me.
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Ben Wallace, 28 Jan 2011 @ 2:34pm

Senator Wyden
Makes me want to move to that man's state,
AND VOTE for him. I'd also buy him a beer
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thestevetorres (profile), 28 Jan 2011 @ 2:35pm

Thumbs up for doing your job, Everyone else is fired.
It's about time somebody represents the people and not the government, while in office.
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el_segfaulto (profile), 28 Jan 2011 @ 2:35pm

Re:
I'm a little pissed now actually. I've been railing against politicians for as long as I can remember, explaining how they're all bought and paid for by corporations with the highest bid. How dare one of them actually represent their constituents!
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papapump (profile), 28 Jan 2011 @ 2:43pm

Wyden rocks!
I've been an Oregonian for about 2.5 years, and I've been repeatedly impressed with Wyden. As anon said above, it's nice to see someone in Washington that you share a lot of values with.

I'm sure Wyden's got a few issues that I disagree with him on (He's 61, I'm almost 31), but he seems to make me proud as one of my State's representatives over and over again.

Wyden is a true progressive. It's hard to find that in Washington, where, regardless of what the NeoCons tell you, most lean somewhat conservative.
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Overcast (profile), 28 Jan 2011 @ 2:50pm

"BUT IF YOU ARE DOING NOTHING WRONG, YOU HAVE NOTHING TO WORRY ABOUT!!"

Wikileaks.

Enough said?

If they are to say that applies to 'citizens' - why not government then?
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Anonymous Coward, 28 Jan 2011 @ 2:53pm

Re: Wyden rocks!
(I made the above comment)

I've lived in Oregon my entire life, and I used to really dislike Wyden. When he voted to repeal the estate tax about ten years ago, even rejecting the compromise that the tax only apply to estates worth more than $10 million, I declared loudly that I would never have another nice thing to say about him. He has really turned it around, though.

He even seems to be steering Senator Jeff Merkeley (our junior senator) in the right direction. When Senator Wyden recently fought to eliminate the "secret hold" rule in the Senate, Merkeley simultaneously pushed the more radical (but not adopted) proposal to disallow the use of the filabuster. I'm hoping that they can continue to act in tandem like this, with Wyden pushing a good compromise while Merkeley attempts a hail Mary.

Welcome to Oregon, by the way. We're happy to have you.
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rangda (profile), 28 Jan 2011 @ 2:55pm

Re: Re:
exception that proves the rule?
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Anonymous Coward, 28 Jan 2011 @ 2:57pm

Re: Re:
I know the feeling. When Wyden went to the hospital recently, I was visiting my mother and mentioned that I was worried that he would have to leave the senate. She looked like she was about to drop dead from shock.
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Redneck Republican from Nowhere Central Oregon, 28 Jan 2011 @ 3:45pm

Good Job Senator Wyden
Being a Redneck Republican from Nowhere Central Oregon. It pains me to say it ..... I'm glad he represents me. I've watched him go from a mealy mouthed elder advocate on the Portland news to a decent senator.
After years of reading Techdirt, it is good to see see something green growing in the Dirt.
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BearGriz72 (profile), 28 Jan 2011 @ 4:07pm

Re:
"Senator Ron Wyden | Standing Up for All of Oregon" and apparently the rest of the country too! I will even forgive him being a Democrat (as a reformed Democrat myself). I love living in Oregon for so many reasons, but this definitely adds to the list.
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papapump (profile), 28 Jan 2011 @ 4:41pm

Re: Good Job Senator Wyden
Heheh...Nowhere, OR...we do have Boring, so it wouldn't suprise me.

Funny though, the spectrum of Oregonian politics. I'm a redneck libertarian/progressive/fence-rider from Noth Cal living in Eastern Oregon. I'm surrounded by people who vote Republican because it's what they know is right (heheh). I'll vote either way because there's a fat chance I'll see a Libertarian in office soon. Rather, I'll vote for the least "establishment" candidate. What a conundrum Obama vs McCain was. Anyhow, I'm happy to see another rural Orgonian that can see a politician for their record, rather than their party.

Wyden has some pro-gun-control stuff that doesn't click w/ me, but in general, he seems to stick up for his constituents rather than our Reptilian Corperate Overlords.
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Oh God, 28 Jan 2011 @ 5:21pm

There's always one
pigeon in the wood pile who prove that not all politicians are greedy bloodsucking parasites living the life of riley off unearned backhanders. Sen. Wyden might not be the most perfect human ever to have lived - but pretty damn close in these days.
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DH's Love Child (profile), 28 Jan 2011 @ 6:19pm

Re: Trap is set...
Ahem, you also forgot:

"There must be more to this story that Mike isn't reporting"
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Anonymous Coward, 28 Jan 2011 @ 6:50pm

Re: Trap is set...
You (semi) forgot

It must be friday!!!!
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Anonymous Coward, 28 Jan 2011 @ 6:51pm

Re: beer
Or maybe some industry shills might take him out for dinner ...
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HemiTemi, 28 Jan 2011 @ 7:26pm

Wow, Pretty scary stuff dude.
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Atkray (profile), 28 Jan 2011 @ 8:41pm

Re:
That funster hatch sends me the same form letter every time. I'm going to Write Lee and tell him he needs to get on board Wyden's IP train.
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Jay (profile), 28 Jan 2011 @ 11:58pm

Re: Thumbs up for doing your job, Everyone else is fired.
"It's about time somebody represents the people and not the , corporations while in office.

FTFY. :)
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Jay (profile), 29 Jan 2011 @ 12:00am

Re: Re: Wyden rocks!
If I may ask, what is so bad about the estate tax? I can see that as a not really needed.

Regardless, I am going to call Wyden myself and say nice job.

No, I'm not in that state, but my Senator is so bad, I sure as hell have no business trying to talk to him...

Sad that I gotta put up with that isn't it?
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Anonymous Coward, 1 Feb 2011 @ 4:23pm

Re: Re: Re: Wyden rocks!
The estate tax, even with the proposed caps, was a good thing for two reasons:

a) My estate will be worth significantly less than $10 million (or the $2 million that the cap used to be at), so I'm in favor of it because it taxes somebody other than myself. "Don't tax you, don't tax me, tax that feller behind the tree." Same reason why I'm for tobacco taxes (I don't smoke).

b) It hinders the creation of financial aristocracies (e.g. Rockefeller, Bush, Hearst, Kennedy, etc.). We have too many as it is. I think Warren Buffet put it best when he awkwardly said something along the lines of "I don't believe you should be financially rewarded for having come from a particular womb." I'm butchering the quote, I'm sure, but the sentiment is the same.
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