Greg's Bite: warrantless smartphone searches
TweetFollow Us on Twitter

Greg's Bite: warrantless smartphone searches

By Greg Mills

I have been watching the press for stories regarding smartphone searches by the police. The outcome of the legal battle over the security of our phones data is very important.  

The amount of information held on smartphones is increasing exponentially, and we are finding there is often more there than the owner is even aware of. The problem of warrantless data searches vary substantially by states and regions.  

The right of privacy of our data held on computers at home is pretty well established. The problem is the mobile aspect of computers as in laptops and smartphones. When you are carrying your data around with you it is much less secure. While law enforcement would be unlikely to take your computer away from you without probable cause in some criminal case, such limitations are not in place for laptops or smartphones in some jurisdictions.  

I submit that the security of data must apply to smartphone and laptops no matter where they are located. While few would argue that upon the issuance of a warrant by a judge who has determined that "probable cause" and "a specific place and item to look for" has been established by the police, data should not be searchable.  With the exception of a lawful warrant, data should be secure from police searches.

Ironically, an exception to the requirement for a warrant allows unlimited right to search a "container" found in the possession of an arrestee for "weapons" has been used to allow smartphone data searches. Smartphones as containers or weapons -- is there an app for that?  Opps, the famous tech writer for the New York Times,  David Pogue was busted for attacking his ex-wife with an iPhone.  This well documented example of the danger of cell phone attacks might offer police the legal right to search such weapons. Hey, a blunt instrument is a blunt instrument.

Seriously, while an iPhone is, loosely, a blunt instrument, searching the data held on a smartphone without a warrant may also blunt the move to mobile by the consumers of modern computing devices. It is critical, in my opinion, that the security of our mobile data be similar to that afforded our home computers no mater where the device is located.

Law enforcement has often extended their right to search only to be reigned in by the courts. Ironically, the US Ninth Circuit Court of Appeals, in a California case, upheld a smartphone data search without a warrant for anyone arrested for anything. This is surprising as the Ninth Circuit is often the leader in supporting privacy rights of citizens.

Bringing a computer into the country allows the authorities to search it. There was a case, a while back, where the government couldn't crack the encryption of a laptop and the owner refused to give up his password. The computer ended up held as evidence for months. I never did hear the outcome of that case. Without any evidence of wrongdoing, forcing someone to pull down their "electronic pants" sounds like the actions of a government I don't want to live under.

Searching the smartphones of terrorists who have been identified is one thing; the unwarranted search of someone's data not actually arrested for a specific crime is another issue. The slippery slope for the legal preservation of our data should concern everyone. All too often the police are able to do whatever they want. As long as few people object they can get by with outrageous behavior. We need to care before our data security before it becomes an issue.

The technology of smartphone data searches has been enhanced by devices designed to allow police to hook up just about any cell phone and within seconds or minutes suck everything out of the phone into the hard drive of a suitcase-sized console. These consoles come with a bunch of connectors and are loaded with software to quickly isolate information and organize it in a way the police can quickly figure out what is held on the confiscated device.  

Passwords and other forms of electronic security, including a lot of lightweight encryption, are worthless; the entire device is normally open for them to see.  While certainly much of what we have is not a big deal, business information, personal email, account information, patent applications, lawful but embarrassing pictures and countless other private bits of information is held on most every smartphone.  Being subjected to an electronic strip search without a warrant is repugnant to the notion of the expectation of privacy. 

That is Greg's Bite on warrantless SmartPhone searches

(Greg Mills is currently a graphic and Faux Wall Artist in Kansas City. Formerly a new product R&D man for the paint sundry market, he holds 11 US patents. Greg is an Extra Class Ham Radio Operator, AB6SF, iOS developer and web site designer. He's also working on a solar energy startup using a patent pending process for turning waste dual pane glass window units into thermal solar panels used to heat water see: www.CottageIndustrySolar.com Married, with one daughter, Greg writes for intellectual property web sites and on Mac/Tech related issues. See Greg's art web site at http://www.gregmills.info He can be emailed at gregmills@mac.com )

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

Latest Forum Discussions

See All

Tokkun Studio unveils alpha trailer for...
We are back on the MMORPG news train, and this time it comes from the sort of international developers Tokkun Studio. They are based in France and Japan, so it counts. Anyway, semantics aside, they have released an alpha trailer for the upcoming... | Read more »
Win a host of exclusive in-game Honor of...
To celebrate its latest Jujutsu Kaisen crossover event, Honor of Kings is offering a bounty of login and achievement rewards kicking off the holiday season early. [Read more] | Read more »
Miraibo GO comes out swinging hard as it...
Having just launched what feels like yesterday, Dreamcube Studio is wasting no time adding events to their open-world survival Miraibo GO. Abyssal Souls arrives relatively in time for the spooky season and brings with it horrifying new partners to... | Read more »
Ditch the heavy binders and high price t...
As fun as the real-world equivalent and the very old Game Boy version are, the Pokemon Trading Card games have historically been received poorly on mobile. It is a very strange and confusing trend, but one that The Pokemon Company is determined to... | Read more »
Peace amongst mobile gamers is now shatt...
Some of the crazy folk tales from gaming have undoubtedly come from the EVE universe. Stories of spying, betrayal, and epic battles have entered history, and now the franchise expands as CCP Games launches EVE Galaxy Conquest, a free-to-play 4x... | Read more »
Lord of Nazarick, the turn-based RPG bas...
Crunchyroll and A PLUS JAPAN have just confirmed that Lord of Nazarick, their turn-based RPG based on the popular OVERLORD anime, is now available for iOS and Android. Starting today at 2PM CET, fans can download the game from Google Play and the... | Read more »
Digital Extremes' recent Devstream...
If you are anything like me you are impatiently waiting for Warframe: 1999 whilst simultaneously cursing the fact Excalibur Prime is permanently Vault locked. To keep us fed during our wait, Digital Extremes hosted a Double Devstream to dish out a... | Read more »
The Frozen Canvas adds a splash of colou...
It is time to grab your gloves and layer up, as Torchlight: Infinite is diving into the frozen tundra in its sixth season. The Frozen Canvas is a colourful new update that brings a stylish flair to the Netherrealm and puts creativity in the... | Read more »
Back When AOL WAS the Internet – The Tou...
In Episode 606 of The TouchArcade Show we kick things off talking about my plans for this weekend, which has resulted in this week’s show being a bit shorter than normal. We also go over some more updates on our Patreon situation, which has been... | Read more »
Creative Assembly's latest mobile p...
The Total War series has been slowly trickling onto mobile, which is a fantastic thing because most, if not all, of them are incredibly great fun. Creative Assembly's latest to get the Feral Interactive treatment into portable form is Total War:... | Read more »

Price Scanner via MacPrices.net

Early Black Friday Deal: Apple’s newly upgrad...
Amazon has Apple 13″ MacBook Airs with M2 CPUs and 16GB of RAM on early Black Friday sale for $200 off MSRP, only $799. Their prices are the lowest currently available for these newly upgraded 13″ M2... Read more
13-inch 8GB M2 MacBook Airs for $749, $250 of...
Best Buy has Apple 13″ MacBook Airs with M2 CPUs and 8GB of RAM in stock and on sale on their online store for $250 off MSRP. Prices start at $749. Their prices are the lowest currently available for... Read more
Amazon is offering an early Black Friday $100...
Amazon is offering early Black Friday discounts on Apple’s new 2024 WiFi iPad minis ranging up to $100 off MSRP, each with free shipping. These are the lowest prices available for new minis anywhere... Read more
Price Drop! Clearance 14-inch M3 MacBook Pros...
Best Buy is offering a $500 discount on clearance 14″ M3 MacBook Pros on their online store this week with prices available starting at only $1099. Prices valid for online orders only, in-store... Read more
Apple AirPods Pro with USB-C on early Black F...
A couple of Apple retailers are offering $70 (28%) discounts on Apple’s AirPods Pro with USB-C (and hearing aid capabilities) this weekend. These are early AirPods Black Friday discounts if you’re... Read more
Price drop! 13-inch M3 MacBook Airs now avail...
With yesterday’s across-the-board MacBook Air upgrade to 16GB of RAM standard, Apple has dropped prices on clearance 13″ 8GB M3 MacBook Airs, Certified Refurbished, to a new low starting at only $829... Read more
Price drop! Apple 15-inch M3 MacBook Airs now...
With yesterday’s release of 15-inch M3 MacBook Airs with 16GB of RAM standard, Apple has dropped prices on clearance Certified Refurbished 15″ 8GB M3 MacBook Airs to a new low starting at only $999.... Read more
Apple has clearance 15-inch M2 MacBook Airs a...
Apple has clearance, Certified Refurbished, 15″ M2 MacBook Airs now available starting at $929 and ranging up to $410 off original MSRP. These are the cheapest 15″ MacBook Airs for sale today at... Read more
Apple drops prices on 13-inch M2 MacBook Airs...
Apple has dropped prices on 13″ M2 MacBook Airs to a new low of only $749 in their Certified Refurbished store. These are the cheapest M2-powered MacBooks for sale at Apple. Apple’s one-year warranty... Read more
Clearance 13-inch M1 MacBook Airs available a...
Apple has clearance 13″ M1 MacBook Airs, Certified Refurbished, now available for $679 for 8-Core CPU/7-Core GPU/256GB models. Apple’s one-year warranty is included, shipping is free, and each... Read more

Jobs Board

Seasonal Cashier - *Apple* Blossom Mall - J...
Seasonal Cashier - Apple Blossom Mall Location:Winchester, VA, United States (https://jobs.jcp.com/jobs/location/191170/winchester-va-united-states) - Apple Read more
Seasonal Fine Jewelry Commission Associate -...
…Fine Jewelry Commission Associate - Apple Blossom Mall Location:Winchester, VA, United States (https://jobs.jcp.com/jobs/location/191170/winchester-va-united-states) Read more
Seasonal Operations Associate - *Apple* Blo...
Seasonal Operations Associate - Apple Blossom Mall Location:Winchester, VA, United States (https://jobs.jcp.com/jobs/location/191170/winchester-va-united-states) - Read more
Hair Stylist - *Apple* Blossom Mall - JCPen...
Hair Stylist - Apple Blossom Mall Location:Winchester, VA, United States (https://jobs.jcp.com/jobs/location/191170/winchester-va-united-states) - Apple Blossom Read more
Cashier - *Apple* Blossom Mall - JCPenney (...
Cashier - Apple Blossom Mall Location:Winchester, VA, United States (https://jobs.jcp.com/jobs/location/191170/winchester-va-united-states) - Apple Blossom Mall Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.