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“Geofencing” allows requesters, private or public, to identify cell phones within prescribed areas for, among other things, marketing and law enforcement purposes. Unsurprisingly, this technology gives rise to concerns under both State privacy laws and the Fourth Amendment. This Briefing will describe what geofencing is and how it works, consider whether privacy laws such as the CCRA and the NY SHIELD Law might apply to geofencing, and constitutional questions arising out of applications for geofencing warrants.
This Briefing will, among other things:
- Examine the use of geofencing (15 minutes);
- Provide insight into the possible applicability of privacy laws to geofencing (20 minutes); and
- Consider the constitutionality of geofencing warrants under the Fourth and Fourteenth Amendments (25 minutes).
Law Office of Gail Gottehrer LLC
Ronald J. Hedges
Dentons US LLP