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By: Brad Henry

Recently, a security researcher posted a video showing hidden software on smartphones that records our activities called Carrier IQ.  There have been several stories in the news about electronic surveillance and how smartphones and computers can record what websites we visit, phone numbers we dial, text messages we send, and even our exact location.  As technology increases at a rapid pace our laws have not kept up.  Obviously, this leads to concern over our privacy to use electronics without fear of unreasonable searches.

Because phone companies are now capable of collecting information about you through your electronic usage, the logical question becomes can the government get this information and does it require a warrant?  As our computing capability increases, so does our privacy decrease. 

The biggest obstacle to providing the kinds of protections we are used to under the Fourth Amendment is the rapid advancement of technological capability versus the snail's pace of our legal system.  Tech giants continue to push the envelope of computing power, but our laws have not addressed whether these advances in technology are subject to the warrant requirement of the 4th Amendment.

Since we cannot be sure what protections we have against this type of electronic surveillance it is best to make sure you are not doing things on your electronic devices that you do not want to be public.  If you have had information from your smartphone or computer come into the hands of law enforcement you should contact an attorney immediately.  The criminal defense attorneys at Breeding & Dothard LLC can help you navigate these and other technical constitutional issues.