The Results From Our Nationwide Cell Phone Tracking Records Requests
Ten. That's the number of law enforcement agencies that responded to our coordinated public records requests on cell phone location tracking and reported that they, in fact, do not track cell phones. The number of agencies queried: 383. The number that responded (so far): some 200.
We've just released the documents those law enforcement agencies turned over to us, and The New York Times has run a front-page story on our findings.
If you're living in one of the places where local law enforcement agents reported tracking cell phones, or for that matter anywhere else in the country, you might be wondering under what circumstances your law enforcement agents are getting access to cell phone location information.
Given the intimate nature of location information, the government should have to obtain a warrant based upon probable cause to track cell phones. That is what is necessary to protect Americans' privacy, and it is also what is required under the constitution. But is that what the police do? The answer is it depends. Law enforcement agencies' tracking policies are in a state of chaos, with different towns following different rules — or in some cases, having no rules at all.
A number of enforcement agencies across the country, in states as diverse as Hawaii, Kansas, Kentucky, Nevada, and New Jersey, reported obtaining a probable cause warrant in order to access cell phone location information. The takeaway here? If these police departments can protect both public safety and privacy by meeting the warrant and probable cause requirements, then surely others can as well...
more | American Civil Liberties Union (ACLU)
Even After Supreme Court GPS Decision, Feds Still Want Warrantless Cell Phone Tracking
Even after January's landmark Supreme Court decision cast significant doubt on the government’s ability to electronically track a person’s location without a warrant, the Justice Department continues to defend this practice. On Friday, the ACLU, along with the Electronic Frontier Foundation, the Center for Democracy and Technology, and the National Association of Criminal Defense Lawyers, filed a friend-of-the-court brief in the U.S. Court of Appeals for the Fifth Circuit, arguing that the government should be required to obtain a warrant based on probable cause before seizing 60 days’ worth of location information generated by an individual’s cell phone.
The appeal by the government comes after a federal district court judge in Texas held that the constitution does indeed require a warrant for such information. As long as a cell phone is turned on, it automatically registers its estimated location with the nearest cell towers as frequently as every seven seconds. This means that every person who uses a cell phone is creating a vast record of personal information, from doctors’ visits to church attendance to visits to friends’ homes.
In our brief, we urge the court to hold that the Fourth Amendment requires the government to obtain a warrant and demonstrate probable cause before obtaining cell phone location data. Most people are unaware that their every movement can be tracked through their phones, and we maintain an expectation that such information will remain private. Cell phone location data, especially data collected over a prolonged period of time, is simply too sensitive to allow the government access without proving to a judge that there’s good reason to believe it will turn up evidence of a crime.
This is the first time in years that a higher court will consider the constitutionality of this issue. By refusing to appeal lower-court decisions where a judge required a warrant, the government has avoided allowing appeals courts to make a ruling.
Unfortunately, the government believes that most people know that their cell phones are generating a near-constant record of their locations and movements, and it argues that individuals cannot reasonably expect that this information will remain private.
The government is wrong. We shouldn’t have to choose between using the modern technology that society has come to rely upon and being able to expect that our private information will remain private. Instead, our brief encourages the court to recognize that when we take our cell phone to the gym or to a political rally, we certainly don’t intend for the government to be following along.
American Civil Liberties Union (ACLU)
| The U.S. Supreme Court had yet to uphold a single free speech claim when Roger Baldwin, Crystal Eastman, Albert DeSilver and others formed the ACLU in 1920. Activists languished in jail for distributing anti-war literature. State sanctioned violence against African Americans was routine. Women won the right to vote only in August of that year. Constitutional rights for lesbians and gays, bisexual and transgender people in those days were unthinkable. |
These rights include:
• Your First Amendment rights - freedom of speech, association and assembly; freedom of the press, and freedom of religion.
• Your right to equal protection under the law - protection against unlawful discrimination.
• Your right to due process - fair treatment by the government whenever the loss of your liberty or property is at stake.
• Your right to privacy - freedom from unwarranted government intrusion into your personal and private affairs.
The ACLU also works to extend rights to segments of our population that have traditionally been denied their rights, including people of color; women; lesbians, gay men, bisexuals and transgender people; prisoners; and people with disabilities.
If the rights of society's most vulnerable members are denied, everybody's rights are imperiled.
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