Location data gathered by the phones we call carry around every day is also not well protected by ECPA. While the Fourth Amendment law gives warrant protection against location information collected through a physical trespass, that limitation is weak since other tools can be used to avoid such legal hurdles.

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For example, the developers at Foursquare whose job it is to create location-based applications continue to come up with an array of tools that enable customers to get information about products and services right in the store or even while in a restaurant, a museum, or a hotel.

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