Law aND Legislation oN Cell Phone Tracking Devices > 자유게시판

You asked whether any federal or state legal guidelines or proposed laws regulate the sale or use of applied sciences that observe the location of a cell phone. You additionally requested a discussion of legislative choices to deal with this issue. You were primarily occupied with using such units or software by parties aside from law enforcement agencies. Your query was prompted by a constituent whose dwelling was burglarized by a person who used this technology to seek out out when the constituent was away from home. Cell telephones and different digital gadgets generate gelocational data that can be used to determine the (1) location of the devices and their house owners or (2) forms of actions an individual engages in at a specific location. There are a wide range of commercially obtainable technologies that enable events apart from service providers to gather and file this information. These technologies can be used for benign functions, corresponding to monitoring a lost child, in addition to criminal functions as apparently happened to your constituent.

We haven't found any federal or state laws that specifically deal with the sale or use of technologies that monitor the placement of a mobile phone or other gelocational knowledge. But there may be legislation pending in Congress and California on this space. Four bills (S. 1212, H.R. 2168, S. 1223, and H.R. 1895) have been introduced in Congress this session to regulate the acquisition and use of geolocational data. S. 1212 and H.R. 2168 (companion payments) make it a federal crime to intentionally intercept geolocation knowledge pertaining to another individual or to disclose or use that data. The payments have quite a lot of exceptions, reminiscent of gathering information on one other person with his or her consent, gathering information in reference to a theft, and overseas intelligence surveillance. The bills modify the Federal Rules of Criminal Procedure to require a search warrant for a law enforcement company to amass geolocation information. They allow an individual whose geolocation data is intercepted, disclosed, or deliberately used in violation of the invoice to recover civil damages.

S. 1223 makes it a federal crime for a nongovernmental individual or entity engaged within the business of offering or providing a service to digital communications devices from knowingly amassing, acquiring, or disclosing to a nongovernmental individual or entity geolocation information from an digital communications gadget with out the categorical authorization of the person using the system. The bill prohibits the: (1) unauthorized disclosure of geolocation info in assist of interstate home violence or stalking and (2) sale of geolocation data regarding youngsters beneath age 11. On the other hand, it allows geolocation information to be tracked with the intention to find a minor youngster or present fire, medical, iTagPro technology public security, or different emergency companies, among different things. The bill authorizes civil actions by the U.S. H.R. 1895 requires the Federal Trade Commission to adopt rules on the gathering of geolocational information from minors. The laws must require an operator of a web site, online service, online software, or cellular utility directed to minors to supply clear and conspicuous discover in clear and plain language of any geolocation data the operator collects, how it makes use of the knowledge, and whether or not it discloses the information.

The operator must get hold of a verifiable parental consent earlier than amassing the data from a minor. After accumulating the knowledge, the operators must give the parent or a child, upon request, a description of the knowledge collected and the chance at any time to refuse to permit the additional use or maintenance in retrievable kind, or future collection, of information from a baby. Tracking laws is pending in California. SB 761 requires the adoption of laws to require a person or entity doing enterprise in California that collects, uses, or iTagPro key finder stores certain sorts of knowledge to supply individuals with a way to choose out of that collection, use, and storage of such info. The bill has extra stringent necessities relating to "sensitive information," which incorporates the buyer's location and any details about the individual's actions and relationships associated with that location, e.g., what a person typically does at a given location. An entity that willfully violates the regulations is liable to the affected individual in a civil action for precise damages, with a $one hundred minimum and $1,000 most, plus punitive damages because the court docket might allow.

Connecticut law does not specifically deal with the use of tracking technologies and it is unclear whether present Connecticut law applies. For example, within the case that prompted your query, it may very well be argued that the burglar violated CGS § 53a-106, which bars the manufacture or possession of burglar's instruments. Other laws that may apply embody those who prohibit wiretapping and laptop crimes. The legislature has many options concerning the possession and use of monitoring technology. It might modify present criminal legal guidelines to make them apply to sure uses of tracking technologies, create new criminal offenses, or best item finder gadget create a trigger of motion for people injured by the illicit use of the applied sciences. For example, the legislature may: (1) specify that the possession of the tracking technology by events other than service suppliers or regulation enforcement companies violates CGS § 53a-106, (2) create a new offense of possessing or utilizing the know-how in the furtherance of crimes akin to burglary, or (3) make the use or possession of the expertise an aggravating circumstance of such crimes as stalking, iTagPro key finder that topics an offender to a higher penalty than otherwise applies.