by Evan Bernick
The Heritage Foundation
February 28, 2014
The development of new technologies has brought the Fourth Amendment front and center in the public discourse. By requesting or compelling cell phone companies to provide subscriber information, law enforcement agencies can pinpoint the locations of the cell sites from which subscribers have made calls and, therefore, where the subscribers can be found. Americans do not want the government to be able to track them without specific, articulable suspicions and without oversight. Americans need not choose between Fourth Amendment precedent and protecting important privacy interests. Congress should consider revising the Electronic Communications Privacy Act to address the privacy concerns raised by ever-evolving tracking technology. The tools are ready at hand.

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