Archive for September 14th, 2008

SDRNews SDR2008-09-15 Three Court Decisions

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    Three Court Decisions

    by Andrew McCaskey
    by Andrew McCaskey

    Three stories on court actions: Two headed in the right way, one in the right way but missing the point.

    Let’s start with two that make sense: Protection against lazy prosecutors who decide to troll for location information in your phone records. The EFF victory in Pennsylvania concerned gathering and disclosure of your GPS data, as reported by your cellphone. The ruling was that it was protected under Fourth Amendment, and that to get to that information, the procedures for reasonable search and seizure would have to be met.

    Just like IP addresses that are vacuumed up in RIAA searches for file sharers, that data would cast suspicion but not prove that you were at that location in possession of your phone. It would just show that the phone was reported to the network from that location. Just as the IP address itself does not prove who’s computer was connected and or who was operating the computer at a specific time. Interesting datapoints that could be put into perspective for a jury, but not conclusive proof by itself.

    Case number two: The ruling that requires disclosure of Blood Alchohol instrument software to defendents in drunk driving cases. Protection against zealous prosecutors that seize on “scientific” proof without much science of calibration, measurement, repeatibility, validity or similar details. I’ve never been on the short end of this situation, but have seen the effects of prosecution at the edge of the law in such cases, where there was a “get tough” election in the works.

    Case number three: The spam king release in Virginia. The guilty have to go free, as the greater good requires that they must when First Amendment and overly broad laws are involved. But the point is that the problem of spam remains and that the law is totally ineffectual. So, two out three is not bad – but there is some work to be done to get the Spam King back where he belongs.

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