Does my cell phone own me?

Author: Clarip’s Director of Sales

The vast majority of us cannot remember a time when we had to use a “roadmap” or a “phone book.” Why? Because for most of us, the current answer is always to check your cell phone. The cell phone is, as one Apple representative told me, a computer that happens to make phone calls.

The cell phone has become an essential part of our lives. For some perspective, ask yourself, “how many times have I checked my phone today?” According to a recent article in Time Magazine, “A study recently released by Deloitte found that Americans collectively check their smartphones upwards of 8 billion times per day. That’s an aggregate number that refers to the number of times all Americans throughout the country look at their mobile devices on a daily basis.” It is undeniable how omnipresent the cell has become, and yet, the opportunity for malfeasance as a consequence is rife.

As a professor of constitutional law, the concern for me is not “how often do I check my phone?” but rather, “is my phone tracking me?” In the just completed Supreme Court term, the nine Justices agreed to hear yet another case dealing with cell phones, privacy and the expectation of the 4th Amendment’s prohibition against “unreasonable search and seizure” in the upcoming term.

According to the U.S. News and World Report, “The case reaches the high court amid growing scrutiny of the surveillance practices of U.S. law enforcement and intelligence agencies amid concern among lawmakers across the political spectrum about civil liberties and police evading warrant requirements. The legal fight has raised questions about how much companies protect the privacy rights of their customers. The big four wireless carriers, Verizon Communications Inc, AT&T Inc, T-Mobile US Inc and Sprint Corp, receive tens of thousands of requests a year from law enforcement for what is known as ‘cell site location information,’ or CSLI. The requests are routinely granted.”

While routine and mundane sounding, the question is whether CSLI is yet another fundamental encroachment into a citizen’s “reasonable expectation of privacy.” As citizens, this case could decide the question of whether I own my cell phone or does my cell phone REALLY OWN ME?

For those that are concerned about their privacy and intrusions like these, visit clarip.com for further updates.

More from Clarip:

Are you ready for the new CA privacy law? Start preparing compliance efforts with Clarip for the California Consumer Privacy Act. Enforcement starts January 1, 2020 so better start planning funding in your 2019 budget now.