Note: Keeping Track of the Joneses: Redefining the Privacy Boundaries of the Digital Age

Kevin Kroll 
87 S. Cal. L. Rev. Postscript 1

A businessman, age thirty-five, goes to a bank to deposit his paycheck. Unbeknownst to him, the bank is robbed ten minutes after he leaves. During the investigation, the police acquire a list of cellular phones that were turned on in the bank during the hour it was robbed. Within an hour, the police, without a warrant, access the global positioning system (“GPS”) database of certain cellular phone providers and compile a list of everywhere the businessman has been since the robbery. They track him to the strip club that he frequents, to his church, and to the abortion clinic where he took his daughter. Ultimately, the police decide that he was not the bank robber and they cease the tracking. The businessman will never know that law enforcement officials recorded, studied, and potentially discussed some of the most intimate details of his life. [MORE]