Wednesday, January 5, 2011

Some Reaction to California Cell Phone Ruling

An article on quote an expert as saying, "The ruling opens up disturbing possibilities, such as broad, warrantless searches of e-mails, documents and contacts on smart phones, tablet computers, and perhaps even laptop computers." The article continues:

Rasch, former head of the Justice Department's computer crime unit, pulled no punches in his reaction to the ruling. "This ruling isn't just wrong, it's dangerous," said Rasch, now director of cybersecurity and privacy at computer security firm CSC in Virginia. "It's remarkable, because it simply misunderstands the nature of these devices." The door is open for police to search the entire contents of iPhones or other smart phones that people routinely carry, he said. "In fact, I would be shocked if police weren't getting instructions right now to do just that," he said.

A blog on compares the Ohio and California decisions: "But if you're concerned about the police perusing the contents of your smartphone without a warrant, you might prefer to spend your time further east in the Buckeye state."

And our friend on writes, "The court seems handcuffed by its constitutional limitations on following SCOTUS cases. It is hard to believe this is the court that came up with the gay marriage case a few years ago. I go with the dissent on this one because the Supreme Court's cases all predate technology, and a cell phone is more like a computer than a mere "small spatial container."


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