文章基本信息

标题：The "Orwellian Consequence" of Smartphone Tracking: Why a Warrant Under the Fourth Amendment is Required Prior to Collection of GPS Data from Smartphones
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作者：Jones, Matthew DeVoy
期刊名称：Cleveland State Law Review
印刷版ISSN：0009-8876
出版年度：2014
卷号：62
期号：1
页码：211
出版社：Cleveland State University
摘要：This Note argues that a warrant under the Fourth Amendment, rather than under the ECPA or no warrant at all, must be obtained prior to collection of GPS data from a user’s smartphone, whether payment for the phone is contractual or pay-asyou-go. This Note discusses smartphones and how the purpose of the Fourth Amendment applies to smartphone tracking. This Note also discusses the legislative intent behind the ECPA and its inapplicability to smartphone tracking. In addition, this Note addresses United States Supreme Court decisions regarding electronic monitoring by law enforcement, as well as the development and present use of GPS technology.
关键词：GPS tracking; warrant; smartphone