Stories
Slash Boxes
Comments

SoylentNews is people

posted by martyb on Wednesday June 19 2019, @12:51AM   Printer-friendly
from the it's-my-data-no-matter-*where*-it-was-stored dept.

Submitted via IRC for SoyCow4463

ACLU: Police must get warrants to obtain personal data from cars

You might not think of your car as a treasure trove of personal data, but it frequently is -- performance data, phone contacts and location info may be sitting under the hood. And the American Civil Liberties Union wants to be sure police can't just take it. The organization is appearing as a friend of the court in Georgia's Supreme Court on June 19th to argue that personal data on cars is protected by the US Constitution's Fourth Amendment and thus requires a warrant. The appearance is tied to a case, Mobley vs. State, where police used a car's "black box" to level more serious charges.

After a deadly car crash, Georgia police downloaded data from the Event Data Recorder on Mobley's car to determine his speed before the crash, using that to level more severe accusations against him. Georgia has contended that this was legal under the Fourth Amendment's "vehicle exception" allowing searches for physical items, but the ACLU believes this doesn't count for digital data. It likened this to requiring a warrant for phone data -- just because the device holding the data is obtainable without a warrant doesn't mean the data is also up for grabs.


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 2) by Mykl on Wednesday June 19 2019, @01:45AM (3 children)

    by Mykl (1112) on Wednesday June 19 2019, @01:45AM (#857281)

    I would also be worried about the possibility of the police trawling through the last 12 months of data (speed, correlated with GPS co-ordinates vs speed limits on those roads) and potentially hit you with dozens of speeding charges for trips made months earlier. Double-concerned if this data is prone to error/interference/alteration.

    Starting Score:    1  point
    Karma-Bonus Modifier   +1  

    Total Score:   2  
  • (Score: 4, Interesting) by Runaway1956 on Wednesday June 19 2019, @01:50AM (2 children)

    by Runaway1956 (2926) Subscriber Badge on Wednesday June 19 2019, @01:50AM (#857284) Journal

    That fits with my objection to red-light cameras, and other automated ticket generation schemes. If no human was present to write the ticket, the ticket is invalid.

    • (Score: 4, Insightful) by NotSanguine on Wednesday June 19 2019, @02:26AM (1 child)

      by NotSanguine (285) <NotSanguineNO@SPAMSoylentNews.Org> on Wednesday June 19 2019, @02:26AM (#857298) Homepage Journal

      That fits with my objection to red-light cameras, and other automated ticket generation schemes. If no human was present to write the ticket, the ticket is invalid.

      I'd say that isn't really an issue. Unlike the scenario in TFA, events were recorded on police/municipal equipment. As such, there's no Fourth Amendment issue, as there is in this case.

      Now you can argue that red light cameras are fucked up and geared toward revenue generation rather than safety and you won't get an argument from me. However, they don't raise the same 4th amendment issues as searching a car's "black box."

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr
      • (Score: 1, Insightful) by Anonymous Coward on Wednesday June 19 2019, @05:34AM

        by Anonymous Coward on Wednesday June 19 2019, @05:34AM (#857334)

        Maybe not the same issues, but any and all forms of mass surveillance threaten freedom and democracy.