Warrantless GPS Tracking: Who Cares About Vehicle Transponders – What About Your Cell Phone?

The government now regularly gathers information from individuals’ smartphones. Cellular providers are allowing the government to access the GPS data that users’ smartphones exchange with the provider. While there are legitimate purposes for this disclosure without the consent of the smartphone user, there are many instances were no emergency situation exists and no search warrant is even sought. The law currently views sharing GPA data with a cellular provider as a voluntarily disclosure, creating a lesser expectation of privacy. Although posting locations on social networking sites is a clear public disclosure, using modern technology for directions or other conveniences should not cause an individual to forfeit privacy.