back to article Cops must get a warrant before raiding phones, email, etc (in California)

California has passed a law requiring police to obtain a warrant before searching phones, tablets, and other electronic devices, and accounts in cloud services, too. This even includes Stingray devices, which are cellphone masts that officers set up to track and monitor people by their mobiles. Governor Jerry Brown on …

  1. Adam 1

    This is outrageous! How can that not have been the law from the get go? Surely police powers are defined by a whitelist of the sets of occasions where their powers trump citizen rights. Not a blacklist of when they can't do whatever they feel like. Crazy!

    1. Robert Helpmann??
      Childcatcher

      Outrageous!

      How can that not have been the law from the get go?

      Counter-intuitive? Yes. Surprising? Hardly. All communications are not the same and are often handled differently depending on a number of factors (what data is being requested, how old it is, etc). As I am not a lawyer, I will direct you to this slightly dated article that has a decent breakdown of all of this as it is in the American legal system:

      No Warrant, No Problem: How the Government Can Get Your Digital Data

    2. jonathan1

      You know in Britain, a mobile phone can be seized and searched without a warrent as well right? There are a couple of acts which could be used: PACE, RIPA and the Terrorism Act. Between the three of those the police just need reasonable suspicion.

      1. James 51

        And if they can't get in they can ask for your password and you'll go to jail if you say no.

        1. TitterYeNot

          "And if they can't get in they can ask for your password and you'll go to jail if you say no."

          I wonder what UK law says about refusing to unlock a phone or tablet that needs a fingerprint scan rather than a password.

          1. scrubber

            Fingerprints, and their taking, are not considered invasive or self incriminatory so the cops can take them without your permission. Whether this is acceptable or not is something you should discuss with your duly elected representative.

            Storing them is anther matter.

    3. Old Handle

      To be fair, mobile phones and email haven't been around since they get go. You can't expect laws to be made about things that don't exist yet, except for very broad laws like the fourth amendment. And those are unfortunately easy to weasel around sometimes.

      That said, they did take their time on this one.

  2. A Non e-mouse Silver badge
    Black Helicopters

    Feds

    But does it cover federal agencies? (TSA, FBI, etc)

  3. Herby
    Coat

    El Reg's mapping...

    Sorry, the flag for Sillycon Valley is in the middle of the bay. Please place it about 10 miles to the southwest.

    1. Anonymous Coward
      Coat

      Re: El Reg's mapping...

      Or just wait for The Big One?

      1. Kane
        Alert

        Re: El Reg's mapping...

        "Or just wait for The Big One?"

        Arizona Bay!

        1. Yugguy

          Re: El Reg's mapping...

          Don't worry.

          Mom's gonna fix it all soon.

          Mom's comin' round to put it back the way it ought to be.

  4. Anonymous Coward
    Anonymous Coward

    One law for the rich...

    So the cops need a warrant. But the Fruity Firm and the Chocolate Factory just need my "consent" to their terms (which, last time I looked at the Fruity one, made me litigate in California under modified California law. The modification was to disable the "get me out of here" module. [NB this is *not* legal advice.]

    So I am subject to California law when it suits them and not when it benefits me. Bah humbug, mutters into beard, etc.

  5. PapaD

    Technically, the police in California don't need a warrant if they have your consent either - the warrant just means they can access the data without your consent.

    Google and co need your consent, they don't get to have warrants

    1. Graham Marsden
      Devil

      @PapaD

      > Google and co need your consent

      I don't call "If you use our services, you agree to let us do what the hell we like with your data" to be proper consent!

      1. PapaD

        Re: @PapaD

        Perhaps, but what you consider to be consent, and what is considered consent under the Law may not be quite the same.

        Certainly, the DPA in the UK does specify that you can only use the data for the purpose it is gathered, but since Google explicitly states that it gathers data to provide better targeting of advertising for you, as well as to improve their service to you, then they can get away with quite a lot, as long as they can show that they are working towards those objectives.

        Personally, I'd quite like the law changed so that I can make use of the software without agreeing to their attempts to improve certain aspects of it - with Google I can use ad blocking software to opt out of their targeted advertising, and I can use their settings to opt out of some of their tracking - I'd like that to constitute a legally enforceable decision by myself to opt out of ALL of their tracking.

        I'd also like to be able to use Windows 10 without having to worry about what tracking MS will turn back on, after I've opted out - without having to regularly run a 3rd party script just to keep myself secure.

  6. Jimmy2Cows Silver badge
    Holmes

    Always follow the... um... proceeds of dodgy dealings...?

    Governor Jerry Brown on Thursday signed off the Electronic Communications Privacy Act (ECPA) to require a search warrant for electronic searches.

    Almost as though there might be something incriminating or at least career-endingly embarrassing on his phone he'd want the opportunity to remote-wipe if the feds come a-knockin'...

    Cynical? Moi? Mais oui mes amis!

    Leno and Senator Joel Anderson (R-Alpine) introduced the bill back in February.

    These guys too perhaps?

  7. CrosscutSaw

    This is covered already

    4th amendment, no?

    1. Old Handle

      Re: This is covered already

      Kind of, but then you have BS like the NSA claiming customer metadata is just "business records" and not entitled to the same level of protection as content. Sometimes it does help to spell everything out.

      (Not that a California law has much effect on the NSA, just an example.)

  8. Joe D.

    Stop cell phone tracking and tapping with a Faraday Cage

    The problem is that this technology is not only available to law enforcement. Just like cell phone tapping software was originally only available to law enforcement this technology has not remained out of other’s hands. Cell phone spying software is available for as little as 50 dollars through the internet for anyone to buy.

    Stingray (Harris corp) is an IMSI catcher device. Many other companies make these devices such as PKI and Septier. IMSI catchers can be bought directly online from China for $1800.00. These devices are capable of locating and tapping cell phones as well as changing the settings on your phone.

    A cell phone can be stopped from tracking and tapping if it is placed in a Faraday Cage. A Faraday cage is a metal or conductive envelope that completely surrounds the electronic device and stops signals from going into or out of the cage.This can be accomplished by making a pouch out of a metallized ie conductive fabric. It stops you from getting calls as well but it will stop the IMSI catcher intrusions into your phone if you can't or don't want to take the battery out. Search youtube for detracktor for a demonstration

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon

Other stories you might like