iPhones and iPads Have Capability To Track And Record User's Movements    

It's a foregone conclusion that nearly all people take their privacy very seriously, even holding it to be a sacred and inviolable human right. When that right is violated without consent, be it by government or other entity or person, sensitivities skyrocket. And this is exactly what happened when a report released at a recent technology conference in San Francisco revealed that Apple's iPhones and 3G versions of its iPads contain hidden files that can track the location of their users.

According to the New York Times article on the alarming revelation, the Apple devices "began logging users' locations a year ago, when Apple updated its mobile operating system. After customers upgraded the software, a new hidden file began periodically storing location data, apparently gleaned from nearby cellphone towers and Wi-Fi networks, along with the time."

Privacy advocates are concerned that the existence of hidden tracking files in iPhones and iPads is an unacceptable breach of consumer privacy. "The secretive collection of location data crosses the privacy line," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, a privacy policy organization based in Washington. "Apple should know better than to track iPhone users in this way."

Lawmakers are also expressing concern. Senator Al Franken (D-Minn.) stated in a letter sent to Apple on April 20, 2011 that "the existence of this information - stored in an unencrypted format - raises serious privacy concerns. ... Anyone who gains access to this single file could likely determine the location of a user's home, the businesses he frequents, the doctors he visits, the schools his children attend, and the trips he has taken - over the past months or even a year." He ended his letter by asking why the file was put into iPhones and iPads and why users were never informed.

Franken's letter comes at a time when lawmakers might begin to consider reforming federal laws pertaining to privacy, tracking and surveillance. Senator Ron Wyden (D-Ore.) is currently working on legislation focused on mobile phone privacy which could be part of a broader effort in Congress to create new regulations for when and how federal law enforcement can access consumers' location information.

An April 21, 2011 an article on CNET.com revealed that law enforcement in the United States has known about these tracking files for some time, and that some security companies even offer courses to law enforcement officers on how to retrieve tracking information from mobile devices. The issue of greatest concern, and which courts in their rulings have differed, is whether such retrieval without a warrant constitutes a violation of individuals' Fourth Amendment protections against unreasonable search and seizure.  

Staff Spotlight

Sylvia Ochoa 

Sylvia Ochoa joined the Hammerschmidt Broughton Law Corporation in January 2011 as a full-time legal assistant. Raised in Fresno, Sylvia is fluent in Spanish (her first language) and English which, along with her exceptional administrative and communication skills, has proved to be a tremendous asset to the firm.

"Sylvia worked for my former firm as a temporary legal assistant covering for an employee who was out on maternity leave," says Mark Broughton. "She did an excellent job, was enthusiastic about her work and was a quick learner. When Hammerschmidt Broughton Law Corporation needed a legal assistant, we contacted her and hired her immediately."

After working during the day at the firm Sylvia attends California State University, Fresno at night where she is majoring in Political Science. She is a member of MEChA, an on-campus student organization which promotes Mexican-American culture, identity, and student activism. She is also a community volunteer, having worked for such organizations as the American Cancer Society and American Red Cross. She has also worked for the Fresno Fire Department's Administration Division, as well as for the law firm of Ciummo & Associates in the Fresno County Juvenile Delinquency Court.

"The attorneys at Hammerschmidt Broughton Law Corporation strive for the best legal representation possible for clients," says Sylvia.  "They are knowledgeable, courteous, and understanding in all criminal matters. I deeply admire their service and dedication to their profession."

Upon graduating from college, Sylvia plans to attend law school.

Evolutions In Science:    

A New Chapter For "Shaken Baby Syndrome"

There are many cases around the country in which innocent persons are being released from prison after serving years for being wrongfully convicted of intentionally killing a child.  One example is the case of Ken Marsh, who spent 21 years in prison for the death of his girlfriend's young son, but was then released after experts realized he was factually innocent of charges.

"Accidents do happen, but law enforcement and medical professionals are often quick to erroneously conclude that injuries suffered in such accidents are the result of intentionally violent conduct," says Jeff Hammerschmidt.

Mr. Hammerschmidt will be authoring a chapter in the popular "Inside the Minds" series by Aspatore Books on the scientific issues in the defense of persons falsely accused in child death cases.  These issues will include the use of investigators and medical experts in these types of cases.  A portion of the chapter will deal with so called "Shaken Baby Syndrome," which many leaders in the medical profession now believe is an improper diagnosis with no medical basis in fact.  "During the next two decades the number of innocent persons who will be released from prison in child death cases will rival the number released because DNA testing proved their innocence," Hammerschmidt said.

The book wherein his chapter will appear is set for release in Fall 2011.

About Hammerschmidt Broughton Law Corporation

The Hammerschmidt Broughton Law Corporation is dedicated to providing the highest level of legal representation to persons accused of crimes in Federal and State courts. We also represent clients in Department of Motor Vehicle driver's license revocation hearings and administrative licensure proceedings. We take on appeals, expungements and other post-conviction matters.

The firm is rated "AV" by Martindale Hubbell, the highest rating awarded to a law firm. The firm is also listed in the Bar Register of Preeminent Lawyers, a distinction reserved for the top five percent of law firms in the United States. The firm focuses on putting the client's needs first by keeping clients up to date on the status of the case, and by returning telephone calls quickly.

Contact Us to discuss your case. The sooner you call for a free consultation, the sooner we can begin working for you.

Disclaimer: The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.