For months, supporters and opponents have discussed the issue of warrantless GPS tracking. Since the Supreme Court unanimously agreed that the warrantless placement of a GPS tracking device was unconstitutional, law enforcement agencies will have to adapt and continue to benefit from GPS tracking technology. Although the court was unanimous in its decision, there was a split in the reasoning, opening the door to ongoing discussions related to privacy. The Supreme Court was careful to limit the judgment of US v. Jones’ decision on the use of GPS tracking by law enforcement. Today’s modern technology and abundant access to information online only complicate the protection provided in the Fourth and Fourteenth Amendments to the Constitution. We believe that the judges were well aware that many more privacy challenges would come to court based on alternative technologies.
Privacy in the digital age
Modern electronic devices not only provide access to a huge amount of information, but also provide unprecedented convenience. The mobile phone is the perfect example of this and is probably one of the candidates for future cases. Twenty-five years ago, cell phones were introduced en masse and mobility began to take shape. However, today’s device has the power of a personal computer and almost makes the phone feature an afterthought. Internet access, two-way communication including texting and social media are just a few examples of how privacy can be compromised. In last week’s Supreme Court ruling, Justice Sotomayor wrote: “In the course of performing mundane tasks, Americans reveal the phone numbers they dial, the URLs they visit, “the books, groceries, and drugs they buy.” Mobile phones embed a GPS receiver that many aftermarket apps use. Consumers go about their day not knowing that they can already be tracked by GPS or cell tower triangulation, not to mention the historical record of communications and transactions. Cell phones, as well as many other conveniences come with a level of responsibility and personal responsibility.
GPS tracking provides many benefits
GPS tracking devices have not only benefited law enforcement agencies, but also consumers and business owners for over twenty years. Those who argue that GPS tracking devices are used by ordinary citizens to illegally monitor others and employees err on a basic principle of liability. GPS tracking devices provide many people with valuable information that improves safety and productivity. There will always be those who take advantage of technology beyond its intended purpose. We cannot stifle American ingenuity that benefits the many to appease the few. If we make our opinions based on these facts, the same could be said of camcorders and recorders. Please stay tuned as we will continue to monitor privacy issues in the future.