Smartphone Cell
2010
New Privacy Threat via Your Smartphone
The typical smartphone contains a wealth of private information that is vulnerable to loss, theft, and now in some states, legalized search and seizure without a warrant if you're arrested. Users who fail to take proper precautions risk their privacy, identity, and more.
A recent Supreme Court case in California, People v. Diaz, concluded that it's ok for police to search your cell phone without a warrant. Ohio decided a similar case in the opposite direction, finding that the Fourth Amendment and similar state protections require a warrant for searches of smartphone contents.
It may seem a remote possibility that you would ever be arrested and no big deal that authorities could search your smartphone if that happened since most of us feel we have "nothing to hide." However, arrests can be made for misdemeanors such as unpaid parking tickets or not wearing a seat belt. Don't be too sure that you haven't broken a law since there are tens of thousands of laws on the books. Take copyright infringement, for example, with stiff penalties even if you're unaware of the infringement. How confident are you that your phone has only legally copied files, songs, pictures, or apps?
Here's how to protect your privacy.
- Password protect your phone with at least a 4 digit code. You don't have to give the code to an officer if you're ever pulled over or arrested thanks to your Fifth Amendment rights.
- Set the auto-lock rate to "never" or very low so that the passcode is required after just a few minutes of inactivity.
- Keep your phone in the trunk, back seat, or inside a closed briefcase or backpack that is out of reach while driving. If the phone is not on your person or easily reached, your Fourth Amendment rights are protected.
- Find out if your phone uses full-disk encryption. If not, you can add encryption apps for certain types of files such as emails, voice messages, or text messages. Mobile device security today isn't foolproof so keep informed about the latest encryption features for your smartphone as they are released.
Smartphones combined with cloud computing provide the ultimate access into our private digital lives. Surely the framers of the Constitution never intended for the government to have unfettered access to this plethora of private information. The nation's highest court needs to resolve the issue of whether or not the Fourth Amendment against illegal search and seizure applies to our Cell Phones and the window to our private lives that they represent.
About the Author
Dr. Kathryn Alesandrini is an acclaimed author, consultant, and retired professor based in the Los Angeles area. Her upcoming book Brave New eWorld explores personal power and privacy in the digital age. Her previous book Survive Information Overload won numerous awards including Top 10 Business Books by Soundview and a top book in Information Management by the American Library Association. Contact the author at www.DrKathrynA.com.
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