We want to obtain the Onstar GPS tracking information for a suspect's car for a certain time frame a few weeks ago. Is the proper method a search warrant under 18.21 (stored electronic communication), regular search warrant, or can the information be obtained via grand jury subpoena?
Depending on the jurisdiction, all of those answers could be correct.
For one point of view:
Lawrence Muir, who teaches a cybercrimes seminar as an adjunct professor at Washington and Lee University School of Law, said that police are now generally required to obtain warrants for GPS attachments after Monday's decision.
But because the majority of justices based their reasoning on property rights, police could use GPS technology to track stolen property without a warrant.
"If OnStar is already tracking a stolen vehicle, I think the police can use that," Muir told NewsCore.
One Congressman recently introduced the Geolocation Privacy and Surveillance Act. The bill creates a legal framework designed to give government agencies, commercial entities, and private citizens clear guidelines for when and how geolocation information can be accessed and used.
If Congress spent half as much time on real issues as they do finding cute acronyms for their pet legislation, this country might not be in the fix it now finds itself.
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