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EFF, ACLU Want To Offer Brief in 7th Circuit Cellphone Privacy Case

The American Civil Liberties Union, ACLU of Wisconsin and the Electronic Frontier Foundation asked the 7th U.S. Circuit Court of Appeals to allow them to file a joint amicus brief in a cellphone privacy case. In U.S. v. Damian L.…

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Patrick, Patrick was charged with being a felon in possession of a weapon. Police tracked him down using location information from his phone, obtained from his carrier or possibly collected using a cell-site simulator, EFF said. “This is the first time this federal appeals court, whose rulings affect Illinois, Wisconsin and Indiana, is considering whether citizens have an expectation of privacy in real-time cell phone location records,’’ said EFF Senior Staff Attorney Jennifer Lynch in a news release Monday. “This case comes as we are seeing a groundswell of recognition that this information is private.” The brief would give judges a unique perspective on “the broader implications of cellphone tracking, including information on the precision with which cellphones and cellphone service providers may capture data about where the phone’s owner has travelled throughout their day, the privacy interests implicated by the government’s collection of location data, the current trend toward greater legal protection for this data throughout the United States, and the implications of cellphone location data collection for Fourth Amendment analysis,” the groups said Friday in a filing at the court.