For The Third Time, No; Gov't May Not Track Citizen Whereabouts Phone Data
from the keep-trying dept
The Justice Department apparently isn't used to hearing "no" for an answer. For the third time in recent months, apparently, they've tried to get permission to track the whereabouts of certain individuals by using data from their mobile phones without first showing probable cause (normally needed for a traditional search warrant). In all three cases, the judges have denied those requests. The government's argument is a bit scary: "A cell phone user voluntarily transmits a signal to the cell phone company, and thereby 'assumes the risk' that the cell phone provider will reveal to law enforcement the cell-site information." In other words, they're claiming that by using a mobile phone you should know that the data leaves you open to being tracked, and therefore, it's no problem at all. The article notes that the DoJ hasn't appealed any of these decisions, perhaps out of fear that a higher court would definitively slam the door on such tracking measures.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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No Subject Given
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I hereby declare all emissions from my mobile devices to be copyrighted by me.
A no-cost license to utilize this information for non-law enforcement use is hereby granted to all mobile service providers.
Reception of signals from my equipment signifies acceptance of these terms.
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Uh, I don't think so. Cell phones transmit periodically so they can "check in" to whatever tower they're closest to.
The only transmitter in Satellite TV is the satellite.
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At the end, bad people win, Big Brother wins, good people lose.
It's sad.
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"Bad people will still get guns, good people will not be able to"
They won't take my guns, they won't track my cell phone!!! They won't, they won't, they won't!!!
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Law enforcement tracking cell phones
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No Subject Given
So therefore, when I leave my apartment, I assume the risk that I might be killed outdoors, and therefore if the justice department chooses to have me taken out by a sniper... I assumed the risk of this.
Similarly, when I type on my keyboard, I assume the risk that through a keylogger, somebody might know what I'm tyrping... so if they choose to install one on my computer somehow, through hacking my computer, or simply breaking into my place, I assumed that risk.
Hey, while we're at it... I assume the risk that my door is wooden, and therefore a saw can be used to cut a hole in it. So if somebody were to do so to carry out a search of my apartment without them there, I assumed the risk of that too.
with that said, excuse me while I crawl into a hole and never come out, I just can't bear risking anything else...
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This is the same rationalization used by car thieves, rapists, and tyrants. Maybe our Department of *Justice* could be held to a slightly hgher set of rules.
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Reasonable Expectation of Privacy?
Dick and Jane are conversing in the mall. They stand 100 yards away from one another and use megaphones to shout at one another. Do they have a reasonable expectation of privacy?
Similarly, when I visit a website (or do anything on the net, for that matter) the request I send (as well as the data returned in response) spends the majority of it's voyage under the control of companies other than my ISP or the ISP of the other end of the data transaction. While there, users with access to those other companies could concievably access my data without my knowledge. That's why I believe I don't have a reasonable expectation of privacy on the internet.
Now, as for cellular phone communication: One broadcasts his data, using a publicly known specification, to a tower, which then patches it to the POTS network. Whether or not the cellular company has an obligation to disclose user data to the DOJ is questionable, however, if the DOJ could use the public specification of the CDMA protocol to read and access the data, then I'd have no objection whatsoever.
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kooks
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Tracking
As they are public servants, funded with taxpayer monies, therefore the public has the right to know their whereabouts, at all times. No expectation of privacy is to be expected in this regard. Let's craft a new law right now.
So.. not too comfortable in that pair of shoes, eh?
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