FBI tracks cellphones

[ndebord]

E-tracking through your cell phone

" There are times when knowing your exact location is useful, of course. It would be handy for a phone to help you find a gas station in a pinch, or bleep when you're about to take the wrong highway exit.

But the FBI and the U.S. Department of Justice have seized on the ability to locate a cellular customer and are using it to track Americans' whereabouts surreptitiously--even when there's no evidence of wrongdoing. "

http://news.zdnet.com/2100-1035_22-6038770.html

[Judy G. Russell]

Sigh... is it 1984 yet?

[Judy G. Russell]

FYI, I was sitting here in the office this afternoon updating our federal books, and came across the case of In re Application for Order Authorizing ... Production of Real Time Cell Site Information, 402 F.Supp.2d 597 (D.Md. 2005), decided by JAMES K. BREDAR, U.S. Magistrate Judge, since 1998. The judge has an interesting background: Deputy District Attorney, Craig, Colorado, 1984-85. Assistant U.S. Attorney, District of Colorado, 1985-89. Assistant Federal Public Defender, District of Colorado, 1989-91. Federal Public Defender, District of Maryland, 1992-98. So he's got both prosecution and defense credentials. His conclusion? Nope, nope, nope. You can't do this without probable cause and a warrant.

He cites two earlier decisions to the same effect: In re Application for Pen Register and Trap/Trace Device with Cell Site Location Authority, 396 F.Supp.2d 747 (S.D.Tex. 2005) (Magistrate Judge Smith); In the Matter of an Application for an Order ... Authorizing ... Cell Site Information, 396 F.Supp.2d 294 (E.D.N.Y. 2005 ) (Magistrate Judge Orenstein).

[Lindsey]

Nope, nope, nope. You can't do this without probable cause and a warrant.
Warrant? Warrant?? We don' need no steenkin' warrant!

<sigh>

--Lindsey

[Judy G. Russell]

<sigh> indeed. I am really quite concerned about the degree to which this Administration is eroding the Fourth Amendment.