Charlie Kennedy and Berin Szoka of TechFreedom have an insightful op-ed in c/net yesterday. It resonates with some of what my co-blogger Dan Solove said in his post and urges Congress to move on ECPA reform. Here is the piece:
Last week’s unanimous decision of the Supreme Court in U.S. v. Jones (PDF) marks a major victory for constitutional rights. While the justices split in their rationale, they agreed that protecting Americans’ privacy in the digital age will require the Court to do a great deal more to untangle its confusing Fourth Amendment jurisprudence. That will likely take several more decisions — and many years. Meanwhile, Congress should heed Justice Samuel Alito’s call for legislation limiting government’s ability to track us and snoop through our private communications.
First, the good news: Law enforcement can no longer plant GPS tracking devices on our vehicles without satisfying the Fourth Amendment. Even better: the majority of justices — including conservative Justices Antonin Scalia, John Roberts, Anthony Kennedy, and Clarence Thomas, joined by Obama appointee Sonia Sotomayor — agreed that Jones is only the beginning of the long-overdue inquiry into constitutional protections against location-based surveillance. Read More