If the call was already being recorded (say for voicemail) it can simply be subpoenaed. In the eyes of the law the defendant wiretapped themselves.
Of course the actual GPS service, involving beeping atomic clocks in space and a passive receiver in your device leaves no trail. But everybody appears to use 'GPS' to refer to "directed navigation" applications running on small computers that like to keep logs of waypoints and intended destinations. The iPhone's Maps app even takes a screenshot when you switch away from it to make it feel snappier when you return, and these pictures can be recovered forensically.
I don't really see any qualitative difference between that and logging IMs, it's just that the latter is technically much easier to do. But as a record of a private conversation between two people, I feel it ought to be subject to the same evaluations of admissibility.
Not really, since IMs are expected to be logged they can even be subpoenaed, but a recording made outside of a warranted wiretap would not be admissible evidence.
Ditto email, log files and so on, basically any textual communication is subject to subpoena, but the 'spoken word' is expected to be transient unless you have a microphone stuck in your face or have been warned very explicitly that one is present.
No that's not true. A private person can privately record any conversation he or she wants. (Remember Monica?)
Warrant requirements only apply to government action, meaning the government itself or someone acting on the government's behalf. If you talk to someone on the phone and that person records you on his own, without government inducement, then the court will consider the recording hearsay but admissible at trial under a few exceptions to the hearsay rule.
If the call was already being recorded (say for voicemail) it can simply be subpoenaed. In the eyes of the law the defendant wiretapped themselves.
Of course the actual GPS service, involving beeping atomic clocks in space and a passive receiver in your device leaves no trail. But everybody appears to use 'GPS' to refer to "directed navigation" applications running on small computers that like to keep logs of waypoints and intended destinations. The iPhone's Maps app even takes a screenshot when you switch away from it to make it feel snappier when you return, and these pictures can be recovered forensically.
Indeed, although they're surprisingly inconsistent (at least as regards telephonic conversation): http://www.callcorder.com/phone-recording-law-america.htm
I don't really see any qualitative difference between that and logging IMs, it's just that the latter is technically much easier to do. But as a record of a private conversation between two people, I feel it ought to be subject to the same evaluations of admissibility.
Not really, since IMs are expected to be logged they can even be subpoenaed, but a recording made outside of a warranted wiretap would not be admissible evidence.
Ditto email, log files and so on, basically any textual communication is subject to subpoena, but the 'spoken word' is expected to be transient unless you have a microphone stuck in your face or have been warned very explicitly that one is present.
No that's not true. A private person can privately record any conversation he or she wants. (Remember Monica?)
Warrant requirements only apply to government action, meaning the government itself or someone acting on the government's behalf. If you talk to someone on the phone and that person records you on his own, without government inducement, then the court will consider the recording hearsay but admissible at trial under a few exceptions to the hearsay rule.
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Yes, but my point is that the written word now encompasses the kind of ephemeral that would never have been preserved in the past.
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Not exactly correct, afaik, email to your lawyer is considered privileged and can't be subpoenaed.