
We are all aware of the the recent US Supreme Court ruling regarding the use of GPS by law enforcement. And from that time we have wondered what impact this might have on our profession and private use. Well, here is an update that addresses just that — and it doesn’t look good. As noted in this message, members from NCISS at the recent Hit the Hill in Washington DC presented these concerns, in advance of these hearings, to our elected officials. Please see below for a very important update from NCISS Legislative Chair, Jimmie Mesis and be prepared to communicate with your own elected representatives on how this could negatively impact your business and how you serve and protect your clients (to use a phrase that only law enforcement feels entitled to).
Committee Examines Use of GPS
The House Subcommittee on Crime, Terrorism, and Homeland Security held a hearing today on HR 2168, the “Geolocational Privacy and Surveillance Act”. The legislation would essentially ban the private use of GPS devices. It would permit the use of technology that reveals an individual’s location for law enforcement if police had obtained a warrant.
Virtually all of the discussion during the hearing dealt with the bill’s effect on the police ability to obtain the location of individuals. Witnesses from the Federal Law Enforcement Association and National District Attorneys Association expressed concern that the warrant provision made it too difficult for police to obtain information in many instances. A great deal of focus was on the ability to obtain location information through cellular phone records.
A witness from the Computer & Communications Industry Association supported the restrictive legislation. His concern was to minimize any privacy concerns by cell phone users. The American Civil Liberties witness strongly supported the legislation
NCISS is strongly opposed to HR 2168 because it would deny private investigators the ability to use GPS tracking devices. Our opposition was most recently made clear during the annual “Hit the Hill” meetings with Congress. Similar legislation is pending in the Senate, S 1212.
Congressional interest in the issue follows a recent US Supreme Court decision, US v. Jones, which ruled that police must obtain a warrant prior to attaching a GPS unit to an automobile.
The NCISS Legislative Committee will continue to monitor the progress of all GPS tracking related legislation and keep the profession apprised of our efforts to maintain our usage of GPS devices for lawful purposes.
Keeping the profession informed,
Jimmie Mesis, LPI
NCISS Legislative Chairman
jim@nciss.org
Larry Sabbath
Legislative Advocate
lsabbath@lobbyist4u.com
NCISS
7501 Sparrows Point Boulevard
Baltimore, Maryland 21219-1927
T-(800) 445-8408 F-(410) 388-9746
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The National Council of Investigation and Security Services, Inc., is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.
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