Is the Department of Justice Tracking Your Mobile Phone Without a Warrant?

By Chris Nolan, AlterNet. Posted July 3, 2008.

The ACLU sues the DOJ to learn more about warrantless triangulation.

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Public Records Guy seizes on an interesting legal battle between the Department of Justice and the ACLU.

In 2007, some U.S. Attorneys Offices were quoted in the news saying that federal law enforcement didn't need warrants or probable cause to track people's movements using the signals emitted by their moble phones. The ACLU wasn't so sure about that. The Justice Department rebuffed the ACLU's FOIA request for more information on the program. Now, the ACLU is suing the DOJ to get some real answers:

WASHINGTON (CN) - The Department of Justice has violated open government laws, says the ACLU in a Federal Court action, by rejecting requests for information about the government's role in "tracking the location of individuals' mobile phones without first obtaining a warrant based on probable cause."

The ACLU submitted the [FOIA] request after court decisions and media reports revealed that the United States Attorneys Offices were claiming not to need probable cause to obtain real-time tracking information and that some field offices were violating a DOJ 'internal recommendation' that 'federal prosecutors seek warrants based on probably cause to obtain precise location data in private areas.' ... The information now in the public domain suggests that defendant may be engaging in unauthorized and potentially unconstitutional tracking of individuals through their mobile phones. ... The limited information currently available about the government's tracking practices raises serious questions about whether the government is complying with the law and the Constitution." [Courthouse News]

Julian Sanchez has many more details at Ars Technica.

See more stories tagged with: doj, mobile, phone

Lindsay Beyerstein a New York writer blogging at Majikthise.

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Total Information Awareness [Report this comment] Posted by: mkdelta69 on Jul 6, 2008 5:26 AM Current rating: Not yet rated [1 = poor; 5 = excellent] They are trying to take away any freedom you have with total surveilance. Does anyone care about freedom? [« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5] We're helping Big Brother [Report this comment] Posted by: Mel H. on Jul 6, 2008 9:19 AM Current rating: Not yet rated [1 = poor; 5 = excellent] Now they know where we are at all times. We are complicit in carrying the devices to allow our government and others to infringe on our privacy. Question: can they still track us via our cell phone when the cell phone is turned off? [« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5] Disable you GPS transmitter [Report this comment] Posted by: jpjudge on Jul 6, 2008 12:22 PM Current rating: Not yet rated [1 = poor; 5 = excellent] Every cellphone has a GPS transmitter installed so you can determine your present location via longitude/latitude coordinates. THEY can do the same thing. If they have your cellphone number and any other requisite information your service provider has relayed to them under the guise of "national security" or to "combat terrorism - aka: FISA" then they can track your movements (and calls). DISABLE YOUR GPS FUNCTION. Remember if they have financial information (credit cards, debit cards, etc.) on you, they can track you that way as well. Welcome to the new fascist state of "Amerika." [« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5] Not just GPS [Report this comment] Posted by: westomoon on Jul 6, 2008 12:54 PM Current rating: Not yet rated [1 = poor; 5 = excellent] They can also track you by which tower is picking up your signal, if your phone is on. Before GPS became mandatory, that's how 911-call tracking was done. Vintage phones don't have permanent GPS -- if you are just looking for a mode of communication that doesn't continually broadcast your precise location, it might be worth a search for pre-2002? (not sure of the year) phones. I have an old motorola that I keep as my main phone because it dates from the era when you could choose, during setup, whether the GPS would activate only during a 911 call or be on full-time. While we're on the subject, I hope everyone has also thought through the surveillance ramifications of things like car navigation systems, Lo-Jack, and -- worst of all -- OnStar for privacy. I still can't believe that people voluntarily seek out a situation where "They" can not only tell precisely where you are, but tell what your car is doing, turn your engine on and off, and lock and unlock your car doors. Oh yeah, that's SO reassuring! [« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

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