United states : the protection of the data cell claimed
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QMI agency
Wednesday, 16 August, 2017 12:06
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Wednesday, 16 August, 2017 12:15
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WASHINGTON | The data search cell phones by the forces of law and order should be more clearly framed to ensure the protection of private life, supporting several large technology companies such as Apple, Facebook and Google.
The firms have expressed their concerns this week in a document outlining their arguments to the supreme Court of the United States.
They believe that these excavations threaten the fundamental rights of the privacy of Americans.
Apple, Microsoft, Google, Twitter, Facebook, Verizon and other multinational companies of the digital economy has asked the judges to declare, that under the fourth amendment of the u.s. constitution, police must obtain a warrant before they can require data of the cell phone, reports the “Washington Post”.
The cause should be heard in the course of this fall in the case of Carpenter, of the name of a man arrested in 2011 and convicted of having committed a robbery in Detroit.
The police has been able to obtain without a warrant and location data to his provider.
He has appealed his case, but the Court of appeal has ruled that the fourth amendment (which covers search and the search) does not protect this type of data and that no warrant was required.
“Although [the companies] do not take a position on the outcome of this case, they consider that the Court should refine the application of certain doctrines of the fourth amendment in order to ensure that the law takes into account new technologies as well as the expectations of the people in matters of confidentiality of their digital data”, have informed the companies in their application.