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crimes, both byy the crimes’ proximityy to each other and byy the suspects’

proximityy to the crime scenes themselves. 4

A second case, heard byy the United States District Court for the

Northern District of California, didn’t detail specifics of the crime, but it

also centered on “historical cell site information” available from Verizon

and AT&T for the targets’ phones. In the words of the American Civil

Liberties Union, which filed an amicus brief in the case, this data

“generates a near-continuous record of an individual’s locations and

movements.” When a federal judge mentioned cell-phone privacyy during

the California case, the federal prosecutor suggested that “cellphone users

who are concerned about their privacyy could either not carryy phones or turn

them off,” according to the official record.

This would seem to violate our Fourth Amendment right to be protected

against unreasonable searches. Most people would never equate simplyy

carryying a cell phone with forfeiting their right not to be tracked byy the

government—but that’s what carryying a phone amounts to these dayys. Both

cases note that Verizon, AT&T, and Sprint don’t tell customers in privacyy

policies how pervasive location tracking is. Apparentlyy AT&T, in a letter to

Congress in 2011, said it stores cellular data for five yyears “in case of

billing disputes.” 5

And location data is not stored onlyy with the carrier; it’s also stored with

the vendor. For example, yyour Google account will retain all yyour Android

geolocation data. And if yyou use an iPhone, Apple will also have a record

of yyour data. To prevent someone from looking at this data on the device

itself and to prevent it from being backed up to the cloud, periodicallyy yyou

should delete location data from yyour smartphone. On Android devices, go

to Google Settings>Location>Delete location historyy. On an iOS device yyou

need to drill down a bit; Apple doesn’t make it easyy. Go to

Settings>Privacyy>Location Services, then scroll down to “Syystem

Services,” then scroll down to “Frequent Locations,” then “Clear Recent

Historyy.”

In the case of Google, unless yyou’ve turned the feature off, the

geolocation data available online can be used to reconstruct yyour

movements. For example, much of yyour dayy might be spent at a single

location, but there might be a burst of travel as yyou meet with clients or

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