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ing ACLU.
Court Rejects Warrantless GPS Tracking
EFF-ACLU Arguments Against Always-On Surveillance Win The Day
Washington, D.C. - The U.S. Court of Appeals for the District of Columbia Circuit today firmly rejected government claims that federal agents have an unfettered right to install Global Positioning System (GPS) location-tracking devices on anyone's car without a search warrant.
In United States v. Maynard, FBI agents planted a GPS device on a car while it was on private property and then used it to track the position of the automobile every ten seconds for a full month, all without securing a search warrant. In an amicus brief filed in the case, EFF and the ACLU of the Nation's Capital argued that unsupervised use of such tactics would open the door for police to abuse their power and continuously track anyone's physical location for any reason, without ever having to go to a judge to prove the surveillance is justified.
The court agreed that such round-the-clock surveillance required a search warrant based on probable cause. The court expressly rejected the government's argument that such extended, 24-hours-per-day surveillance without warrants was cons utional based on previous rulings about limited, point-to-point surveillance of public activities using radio-based tracking beepers. Recognizing that the Supreme Court had never considered location tracking of such length and scope, the court noted: "When it comes to privacy...the whole may be more revealing than its parts."
The court continued: "It is one thing for a passerby to observe or even to follow someone during a single journey as he goes to the market or returns home from work. It is another thing entirely for that stranger to pick up the scent again the next day and the day after that, week in and week out, dogging his prey until he has identified all the places, people, amusements, and chores that make up that person's hitherto private routine."
"The court correctly recognized the important differences between limited surveillance of public activities possible through visual surveillance or traditional 'bumper beepers,' and the sort of extended, invasive, pervasive, always-on tracking that GPS devices allow," said EFF Civil Liberties Director Jennifer Granick. "This same logic applies in cases of cell phone tracking, and we hope that this decision will be followed by courts that are currently grappling with the question of whether the government must obtain a warrant before using your cell phone as a tracking device."
"GPS tracking enables the police to know when you visit your doctor, your lawyer, your church, or your lover," said Arthur Spitzer, Legal Director of the ACLU-NCA. "And if many people are tracked, GPS data will show when and where they cross paths. Judicial supervision of this powerful technology is essential if we are to preserve individual liberty. Today's decision helps brings the Fourth Amendment into the 21st Century."
Attorneys Daniel Prywes and Kip Wainscott of Bryan Cave LLP also volunteered their services to assist in preparing the EFF-ACLU brief.
For the full opinion:
http://www.eff.org/files/filenode/US...d_decision.pdf
For more information on the case, formerly known as U.S. v. Jones:
http://www.eff.org/cases/us-v-jones
ing ACLU.
Well, of course.
If only the car dealer had included a clause saying, "You agree to have a GPS installed and be monitored at any time", this whole ordeal would have been kosher.
Proleptic, LNGR.
That's WC's line.
In principle, he's right. Anyone can choose to limit his rights contractually.
Sometimes the last line is the courts. Scary .
And I used to think the ACLU was y.
Was it a GM model? Did Ed Whitacre roll over again?
Everyone thinks the ACLU is y because ultimately the ACLU pisses everyone off because they actually keep a very cohesive viewpoint on things. They don't bend for your morality or my morality.
I like that.
Good point.
Depends on the right. For instance, you can't sell yourself into slavery. Pretty much, you can't agree to a contract that runs contra to the Cons ution, because that contract would be ipso facto uncons utional.
Yup. I'm a member of the ACLU. But I guess defending liberty is now "lefty".
I've been wondering what's been going on since my last Android software update. My battery only lasts two days instead of four now with my normal light usage. I wonder if Google is tracking everyone daily movement with the built in GPS.
Cellphone tracking is done without the built-in GPS. Cell tower triangulation works pretty well even if it's not as precise, and doesn't really require to drain your cellphone battery or activate anything on it.
It's well known LE has had direct access to cellphone carrier provided web portals to get that info. I've seen dumps and screenshots from the service Sprint provides for that.
I'm sure that's what they're going to go after next.
Yes, I know. I had told people such tracking could be done before I ever heard they were doing it. However, actually using the cell phone can give audio and video also. maybe some of my posts here and elsewhere have the authoritarians in government worried... I doubt it, but I do keep an open mind.
Seriously. Like night and day from the last update. My batter never lasts more than two days now.
Anyone else?
I haven't asked for an explanation, but it wouldn't surprise me is someone stuck in an app on the latest download. Maybe the New World Obama Order. I keep forgetting to check with T-Mobile for a reason.
It is being done.
Well, at least as far as the iPhone is concerned, you have to specifically allow location services on a per app basis, including the system ones. I like how they handled that privacy setting on it. You also always have an icon indicating an app is tracking locations when it's on.
Then again, as I said, you could have it off and the cellphone carrier can still track you simply by looking at which cell towers your phone checks into.
You can do audio from the cell tower also...
Obviously, as you can use the 'locate my phone' feature, I'm sure so can LE.
Eventually, if you're so concerned, simply get a phone without a GPS...
I'm just surprised that you're suddenly so worried about the government listening into your conversations, when you dismissed it as a non-issue in the previous administration
None of that explains the day and night difference on batter drain, unless an app is operating and using more power. I checked my setting, they are all the same.
I'm an iPhone user, so I couldn't tell you. My iPhone battery life only gets better, not worse.
I'm open to ideas. I know this administration has no care about human rights like they claim also. They are smug and arrogant, and thinks everyone needs them. Their actions indicate they want to cripple those who don't need them.I'm just surprised that you're suddenly so worried about the government listening into your conversations, when you dismissed it as a non-issue in the previous administration
What are you babbling about now? I can't make head or tails of what you wrote there.
LOL...
Do you really think they are better than the last administration, especially with the Chicago style politics?
Getting off topic a little, and using generalization of appearance. The democrats appear to cater to the needy. Republicans appear to cater to business. One needs more poor voters to need them, the other needs more rich voters to appreciate them.
Add these factors into my words for reference, and consider how the legislation of each side tends to move the mix.
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