.
I mentioned a mortgage as the most extreme possible, the worst slippery slope imaginable. A better example would be a rental unit, because a owner can make inspections of the unit even though they may not be living there. However if they make checks on behalf of the police then they are considered an agent of the police and Fourth Amendment issues come into play there. At least I know this to be true for Hawaii however I don't know to what extent other states have a similar legal framework for that.
So do you think law enforcement should have to ask for a warrant for private information about you held by a third-party? Even if you do not believe it is protected under the Fourth Amendment would you want to have Congress pass a law that protects such information?
I do think a distinction can be made between the government asking a business for your information and a business volunteering information about you to the government. So if for example you bought a bunch of bomb materials at the hardware store and they called the police that is a little different than the police asking a business to search there sales database.
You're cloaking a specific case inside a general, ambiguous question. Stick to the facts of the case.
The 3rd party (cell providers) provided general location data they routinely collect for a variety of purposes
to law enforcement in response to a court order
in accordance with the contract between the provider and the customer.
I don't see a problem with that. A court order based on adequate justification is just like a warrant -- there was a valid reason for the request. The only real difference is the standard of probable cause needed for a warrant.
It's not any different than collecting video from local ATMs and traffic cams to gather evidence you were in the area at a time of interest. Your phone is sending out signals anyone can collect, just like your image does in public. There's no expectation of privacy, even if it involves a service provider. Technically, ANY cell tower owner could collect that data and turn it over to the Cops -- entities with whom you have no contractual relationship.
T-Mobile Privacy Policy Excerpts...
Below is some further information of the types of information we collect:
CPNI. Customer Proprietary Network Information is personal information generated in connection with telecommunications services,
such as call details, call location information, and some information about rate plans and features. CPNI does not include your name,
address, or phone number. For more information on CPNI, please see Privacy Resources/CPNI.
Location Data. We may collect your device’s location whenever it is turned on (subject to coverage limitations).
When We Share Information Collected About You
For Legal Process and Protection. We will provide customer information where necessary to comply with the law,
such as disclosure of your information to a law enforcement agency for your safety or the safety of
others, or when compelled by subpoena or other legal process.
It's in the contract. Case closed.
Privacy is YOUR responsibility when in public. Don't like it? Reality is a bitch.