Illinois Senator Mark Kirk joined Washington Senator Ron Wyden in support of a piece of legislation which, if passed, would require judges to obtain permission before using geolocation data to track an individual's whereabouts, OregonLive.com reports. The Electronic Privacy Communications Act (ECPA) was created in 1986 and has yet to be updated since, which enables these kinds of loopholes in the law that continue to infringe on individual privacy.
"The modern equivalent of 'papers and effects' - emails, private social networking posts, what you read and view online - should be protected by a warrant no matter where they're stored. Your cell phone should not be a portable tracking device," the ACLU's Chris Calabrese said, using the legal term the describes a person's personal - and protected - information.
"If police want to know where someone is, either in the past or in real time, they should get a warrant," he said. "The steady advance of technology shouldn't result in the erosion in constitutional rights. Nor should Americans have to choose between protecting their privacy and adopting new technologies."