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The government notes that they do not intercept the actual conversation, only tracking identity of the phone and its location. The devices do have the technical capability to record the content of calls, so the government requires these content-intercepting functions to be disabled in normal use. [ 12 ]
Critics have called the use of the devices by government agencies warrantless cell phone tracking, as they have frequently been used without informing the court system or obtaining a warrant. [2] The Electronic Frontier Foundation has called the devices "an unconstitutional, all-you-can-eat data buffet".
James Comey, former FBI director Tim Cook, chief executive officer of Apple Inc. Cook and former FBI Director Comey have both spoken publicly about the case.. In 1993, the National Security Agency (NSA) introduced the Clipper chip, an encryption device with an acknowledged backdoor for government access, that NSA proposed be used for phone encryption.
It mandated an end to bulk collection of phone call metadata by the NSA within 180 days, but allowed continued mandatory retention of metadata by phone companies with access by the government with case-by-case approval from the Foreign Intelligence Surveillance Court. [96]
Carpenter v. United States, 585 U.S. 296 (2018), is a landmark United States Supreme Court case concerning the privacy of historical cell site location information (CSLI). The Court held that government entities violate the Fourth Amendment to the United States Constitution when accessing historical CSLI records containing the physical locations of cellphones without a search warrant.
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