Cyber Crime Review
Cyber Crime Review

November 2022
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Congress investigates location data issues

Cyber CrimesCyber Crimes

House conducts hearing on GPS Act
A recent congressional hearing addressed the proposed Geolocational Privacy and Surveillance Act which would require a search warrant to obtain GPS or CSLI data from phone companies. The bill is authored by Rep. Jason Chaffetz (R-Utah) and Sen. Ron Wyden (D-Oregon).

John Ramsey, of the Federal Law Enforcement Officers Association, suggested that location data is often essential to obtaining a search warrant, and requiring a warrant for location data would make law enforcement’s job more difficult. Ramsey suggested that the location data is nothing more than a corporate record and is undeserving of a special standard. (Other testimonies are available here.)

Franken requests DOJ practices
Senator Al Franken (D-Minn.), an outspoken privacy advocate, has requested from the Department of Justice a rundown of their practices for requesting location information directly from cell service providers.

I am eager to learn about how frequently the Department requests location information and what legal standard the Department believes it must meet to obtain it. I would also like to know how the Department may have changed these practices since the Jones decision.

Specifically, Franken asked how many requests the DOJ had made, what type of response was given, whether the data was historical or prospective, the legal process used, total cost, and Jones-related questions.

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