Technology and law are two things I enjoy and teach! So, I’ve been following the US Supreme Court case of United States v. Jones. This case involves the government’s use of a GPS device to track a vehicle. Yesterday, the Court held that “the Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment.” In delivering the decision, Justice Scalia reasoned that “this type of encroachment on an area enumerated in the Amendment would have been considered a search within the meaning of the Amendment at the time it was adopted.”
The government did get a warrant authoring the installation of the device within 10 days in the District of Columbia. According to the opinion, “on the 11th day, and not in the District of Columbia but in Maryland, agents installed a GPS tracking device on the undercarriage of the Jeep while it was parked in a public parking lot.” The Government admitted they didn’t comply with the warrant and only argued that a warrant was not required (no reasonable expectation of privacy in movement on public streets).
I’ve been watching online and following the story on NPR. They are all talking about the dissent among the concurrence. As I review the opinion, comments like “the concurrence begins by accusing us of applying “18th-century tort law (that is a distortion)” seem to reveal a feud. From my reading, there seems to be disagreement about whether a trespass is required. Most of the objections seem to hinge on the ability of current technology to track the same information without a trespass.
I do wonder how this area will look in only a few short years. We already have the ability to track vehicles through their own GPS system or to track cell phone information. We’ve got pacemakers, embedded devices and even tattoos that can transmit data. This information is in a different category than public Four-Square check-ins, Nike Plus runs and Facebook updates with location. Please comment and share your thoughts about how far the government should go to track you!



