FOIA Docs Reveal Secret Service Claims No Warrant Needed for Phone Tracking Under Fourth Amendment Due to App Terms of Service

Nov 12, 2024, 02:38 PM

Recent documents obtained through a Freedom of Information Act request reveal that the U.S. Secret Service believes it does not require a warrant to track individuals' phone locations. This stance is based on the premise that users have willingly consented to such tracking by agreeing to lengthy terms of service agreements for various applications. Internal emails indicate that the agency considers this consent sufficient to bypass traditional warrant requirements, raising concerns about the implications for privacy rights under the Fourth Amendment. Critics argue that this interpretation exploits a significant loophole in privacy protections, as it allows law enforcement agencies at various levels to purchase location data from third-party apps without judicial oversight. This practice could have far-reaching effects, particularly in the context of criminalizing certain activities.