Privacy advocates and government officials agree that Tor Internet anonymizing software can be a positive tool, though they acknowledged that federal and state law enforcement agencies have to beware that Tor can be an attractive option for criminals. Advocates said nonetheless that government and law enforcement officials have overblown the frequency with which the network could be used maliciously. The small Kilton Public Library in West Lebanon, New Hampshire, recently became a focal point for the continuing controversy over the technology.

Tech-sector stakeholders urged the Senate Judiciary Committee Wednesday to reject the federal government's proposal for an exemption to some provisions in a possible revamp of the 1986 Electronic Communications Privacy Act, with Google Director-Law Enforcement and Information Security Richard Delgado telling the committee that agencies' objections to current revamp proposals are ultimately “really just distractions.” Department of Justice, FTC and SEC officials continued to oppose provisions in current ECPA revamp bills like the ECPA Amendments Act (S-356) that they believe will hinder law enforcement efforts. The Wednesday hearing was Senate Judiciary's first on ECPA legislation since 2011, though the committee advanced an earlier version of the ECPA Amendments Act in 2013 (see report in the April 26, 2013, issue). Senate Judiciary ranking member Patrick Leahy, D-Vt., previously proposed attaching S-356's language as an amendment to the controversial Cybersecurity Information Sharing Act (S-754).

Tech-sector stakeholders urged the Senate Judiciary Committee Wednesday to reject the federal government's proposal for an exemption to some provisions in a possible revamp of the 1986 Electronic Communications Privacy Act, with Google Director-Law Enforcement and Information Security Richard Delgado telling the committee that agencies' objections to current revamp proposals are ultimately “really just distractions.” Department of Justice, FTC and SEC officials continued to oppose provisions in current ECPA revamp bills like the ECPA Amendments Act (S-356) that they believe will hinder law enforcement efforts. The Wednesday hearing was Senate Judiciary's first on ECPA legislation since 2011, though the committee advanced an earlier version of the ECPA Amendments Act in 2013 (see report in the April 26, 2013, issue). Senate Judiciary ranking member Patrick Leahy, D-Vt., previously proposed attaching S-356's language as an amendment to the controversial Cybersecurity Information Sharing Act (S-754).

The 4th U.S. Circuit Court of Appeals said a warrant is required for police to access location information from a cellphone or other mobile device. The case involved the conviction of two men for armed robbery, a conviction that relied in part on cell site location information (CSLI) obtained from Sprint. The decision in U.S. v. Aaron Graham was written by Senior Judge Andre Davis for himself and for Judge Stephanie Thacker. But Thacker also issued a concurrence and Judge Diana Gribbon Motz partly dissented. “We hold that the government conducts a search under the Fourth Amendment when it obtains and inspects a cell phone user’s historical CSLI for an extended period of time,” the court ruled Wednesday. “Examination of a person’s historical CSLI can enable the government to trace the movements of the cell phone and its user across public and private spaces and thereby discover the private activities and personal habits of the user. Cell phone users have an objectively reasonable expectation of privacy in this information.” The 4th Circuit said cellphone location information raises bigger privacy issues than data from tracking devices in an automobile. “Quite unlike an automobile, a cell phone is a small hand-held device that is often hidden on the person of its user and seldom leaves her presence,” the court said. “Cell phone users regularly carry these devices into their homes and other private spaces to which automobiles have limited access at best.” Motz disagreed with the majority that obtaining information from a voluntarily surrendered cellphone requires a warrant. The decision did the two defendants in the case little good, saying that since the government “relied in good faith on court orders” issued in accordance with Title II of the Electronic Communications Privacy Act, or the Stored Communications Act, “the court’s admission of the challenged evidence must be sustained.” Thacker wrote separately of her concern "about the erosion of privacy in this era of rapid technological development." The "tension between the right to privacy and emerging technology, particularly as it relates to cell phones, impacts all Americans," she wrote. "As the march of technological progress continues to advance upon our zone of privacy, each step forward should be met with considered judgment that errs on the side of protecting privacy and accounts for the practical realities of modern life. At bottom, this decision continues a time-honored American tradition -- obtaining a warrant is the rule, not the exception." The Center for Democracy & Technology said the decision is significant. “The government compelled the disclosure of 221 days of cell phone location information, which included 26,659 location data points for one defendant and 28,410 for another,” a CDT news release said. “Unless reversed by the full 4th Circuit, the decision sets up a clear split in the circuits about the extent of protection of cell phone location information. As a result, this issue will likely require resolution by the Supreme Court.” Rep. Suzan DelBene, D-Wash., said the case is “an important reminder that government should not have free rein to infringe on the constitutional right to due process” and called for overhaul of the Electronic Communications Privacy Act (ECPA). “More than 20 years after email became ubiquitous, our laws remain woefully outdated,” she said in a statement. “I urge leadership to take up ECPA reform without delay.”

The 4th U.S. Circuit Court of Appeals said a warrant is required for police to access location information from a cellphone or other mobile device. The case involved the conviction of two men for armed robbery, a conviction that relied in part on cell site location information (CSLI) obtained from Sprint. The decision in U.S. v. Aaron Graham was written by Senior Judge Andre Davis for himself and for Judge Stephanie Thacker. But Thacker also issued a concurrence and Judge Diana Gribbon Motz partly dissented. “We hold that the government conducts a search under the Fourth Amendment when it obtains and inspects a cell phone user’s historical CSLI for an extended period of time,” the court ruled Wednesday. “Examination of a person’s historical CSLI can enable the government to trace the movements of the cell phone and its user across public and private spaces and thereby discover the private activities and personal habits of the user. Cell phone users have an objectively reasonable expectation of privacy in this information.” The 4th Circuit said cellphone location information raises bigger privacy issues than data from tracking devices in an automobile. “Quite unlike an automobile, a cell phone is a small hand-held device that is often hidden on the person of its user and seldom leaves her presence,” the court said. “Cell phone users regularly carry these devices into their homes and other private spaces to which automobiles have limited access at best.” Motz disagreed with the majority that obtaining information from a voluntarily surrendered cellphone requires a warrant. The decision did the two defendants in the case little good, saying that since the government “relied in good faith on court orders” issued in accordance with Title II of the Electronic Communications Privacy Act, or the Stored Communications Act, “the court’s admission of the challenged evidence must be sustained.” Thacker wrote separately of her concern "about the erosion of privacy in this era of rapid technological development." The "tension between the right to privacy and emerging technology, particularly as it relates to cell phones, impacts all Americans," she wrote. "As the march of technological progress continues to advance upon our zone of privacy, each step forward should be met with considered judgment that errs on the side of protecting privacy and accounts for the practical realities of modern life. At bottom, this decision continues a time-honored American tradition -- obtaining a warrant is the rule, not the exception." The Center for Democracy & Technology said the decision is significant. “The government compelled the disclosure of 221 days of cell phone location information, which included 26,659 location data points for one defendant and 28,410 for another,” a CDT news release said. “Unless reversed by the full 4th Circuit, the decision sets up a clear split in the circuits about the extent of protection of cell phone location information. As a result, this issue will likely require resolution by the Supreme Court.” Rep. Suzan DelBene, D-Wash., said the case is “an important reminder that government should not have free rein to infringe on the constitutional right to due process” and called for overhaul of the Electronic Communications Privacy Act (ECPA). “More than 20 years after email became ubiquitous, our laws remain woefully outdated,” she said in a statement. “I urge leadership to take up ECPA reform without delay.”

Major telecom policy players endorsed 2016 presidential candidates with their pocketbooks this summer. The lion’s share of top executives leaned toward establishment candidates: Hillary Clinton, the Democratic front-runner, and Jeb Bush, the former Florida governor who has polled strongly among GOP contenders. Clinton in particular was flooded with donations from executives from Comcast, Dish and Verizon and from senior aides to FCC Chairman Tom Wheeler himself, according to the latest campaign records released to the Federal Election Commission. Several industry observers told us to expect less telecom change if Clinton wins the White House.

Major telecom policy players endorsed 2016 presidential candidates with their pocketbooks this summer. The lion’s share of top executives leaned toward establishment candidates: Hillary Clinton, the Democratic front-runner, and Jeb Bush, the former Florida governor who has polled strongly among GOP contenders. Clinton in particular was flooded with donations from executives from Comcast, Dish and Verizon and from senior aides to FCC Chairman Tom Wheeler himself, according to the latest campaign records released to the Federal Election Commission. Several industry observers told us to expect less telecom change if Clinton wins the White House.

Sens. Steve Daines, R-Mont., and Richard Blumenthal, D-Conn., introduced student privacy legislation Thursday, as expected (see 1507140037). It builds on ideas generated by a student data privacy working group in 2014, the legislators said in a joint news release said. It said that the Safeguarding American Families from Exposure by Keeping Information and Data Secure (SAFE KIDS) Act legislation would establish clear parameters for third-party operators when using data collected from students, allows parents to control access to their children’s information, and empowers the FTC to oversee and enforce collection, storage and usage of covered student data.

Some in the industry call the recently enacted California smartphone kill switch law a radical solution to curbing cellphone theft. The wireless industry has agreed to cooperate with such laws in California and Minnesota so far. CTIA said at the beginning of this month the industry had fulfilled its smartphone anti-theft voluntary commitment.

Some in the industry call the recently enacted California smartphone kill switch law a radical solution to curbing cellphone theft. The wireless industry has agreed to cooperate with such laws in California and Minnesota so far. CTIA said at the beginning of this month the industry had fulfilled its smartphone anti-theft voluntary commitment.