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This page contains all of the posts and discussion on MemeStreams referencing the following web page: You have no 4th amendment right to privacy in regard to your physical movements. . You can find discussions on MemeStreams as you surf the web, even if you aren't a MemeStreams member, using the Threads Bookmarklet.

You have no 4th amendment right to privacy in regard to your physical movements.
by Decius at 7:54 am EDT, Sep 25, 2007

This morning, you left the house tagged with a tracking device that the government can use to find out where you have been and where you are going.

I'm talking, of course, about your cell phone...

While most courts considering the issue have held that police need "probable cause" to track your movements, a new decision (.pdf) last week out of the U.S. District Court of Massachusetts holds that law enforcement need show only "relevance to an ongoing investigation" to get a historical record of your past movement (something like the Jeffy trail in The Family Circus cartoon).


 
RE: You have no 4th amendment right to privacy in regard to your physical movements.
by skullaria at 11:52 am EDT, Sep 25, 2007

I'm always afraid that I might become a social suspect one day simply for NOT carrying my cell phone with me. I dislike phones. I constantly lose it, forget to charge it, and leave it on the table.


  
RE: You have no 4th amendment right to privacy in regard to your physical movements.
by Decius at 12:42 pm EDT, Sep 25, 2007

skullaria wrote:
I'm always afraid that I might become a social suspect one day simply for NOT carrying my cell phone with me.

Very interesting! Not too long ago possession of a cellphone, at least by people in certain socioeconomic classes, was likely to arouse suspicion. I recall when I was young it was literally illegal to possess a cellphone or pager if you were under 18, as only drug dealers would need to do so (according to the authorities). I resented this as a technically inclined person who wanted to early adopt such toys. It seemed like more irrational, mindlessly overboard assertions of authority by adults. I legally possessed a radio that enabled me to (illegally) listen in to people's cell phone calls but I could not possess the phones that made those calls. Clearly only criminals communicate with each other!

Now it is becoming a social expectation that you carry a phone. All those old laws have met with resistance and have been repealed. Pay phones are being pulled off the street because no one needs them anymore. In the future perhaps it will be more so... only extremely poor, marginal people would fail to carry a cellphone. Most payment for goods might occur with the phone. Numerous public services might be operated under the assumption that users carried web browsers with them. Public transport maps and schedules, for example, might only be made available electronically. Restaurants might expect you to access electronic menus or request a reservation via SMS before you arrived. Communities seeking beautification might pass sign ordinances reducing outdoor advertisement in favor of location based messaging that would make it difficult to even identify businesses without an electronic device.

A middle class person without a phone would be viewed as garishly eccentric in a way that arouses suspicion. As people become more familiar with the idea that cellphones are used by the authorities to monitor them, failing to carry one might be taken not merely as extreme luddism, but as a sign that you have something to hide... Like a stranger who doesn't have a credit card or a driver's license; there was a time when most people carried neither.


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