GPS

Congress Must Act to Stop Unwarranted Tracking by Law Enforcement

By Sandra Fulton, ACLU Washington Legislative Office at 10:22am

In an effort to rein in overreaching law enforcement practices, Rep. Jason Chaffetz (R-Utah) and Sen. Ron Wyden (D-Ore.) yesterday re-introduced the GPS Act, which would require a warrant for location tracking and create a critical check on the growing use of these invasive searches.

ACLU in Court Today Arguing that GPS Tracking Requires a Warrant

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 9:59am

Should law enforcement agents have to obtain a warrant based on probable cause to attach a GPS tracker to a vehicle and track its movements? Several months ago we asked the Third Circuit Court of Appeals to consider our argument that they should (you can read our amicus brief here). Today, we will be in court arguing that point in the case of Harry, Mark, and Michael Katzin.

New York Court Decision Highlights Yet Another Shortcoming In Nation’s Outdated Electronic Privacy Laws

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 1:02pm

A recent cell phone tracking case from New York is both a win and loss for privacy. In People v. Moorer, police officers submitted an emergency or “exigent circumstances” request to a phone company asking it to ping (locate) a cell phone—but the court concluded that the circumstances were not exigent at all. The Stored Communications Act (18 USC 2702) permits the voluntary disclosure (without any kind of court order) of customer records to the government, but only if “the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency.”

Justice Department Refuses to Release GPS Tracking Memos

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 11:12am

Two key memos outlining the Justice Department’s views about when Americans can be surreptitiously tracked with GPS technology are being kept secret by the department despite a Freedom of Information Act lawsuit filed by the ACLU to force their release. The FBI’s general counsel discussed the existence of the two memos publicly last year, yet the Justice Department is refusing to release them without huge redactions. (You can see the heavily censored versions sent to the ACLU here and here, and our original FOIA request here.)

ACLU Asks Appeals Court to Require a Warrant for GPS Tracking

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 1:33pm

Yesterday we asked the Third Circuit Court of Appeals to consider our argument that law enforcement agents should have to obtain a warrant based on probable cause to attach a GPS tracker to a car and track its movements (you can read our amicus brief here).

In the case, the government suspected that Harry, Mark and Michael Katzin had robbed a number of Rite-Aid pharmacies. To confirm their hunch they attached a GPS tracker—without first going to a judge and getting a warrant—to Harry Katzin’s car. They used the GPS tracker to follow the Katzins when they traveled to another Rite-Aid, and arrested them shortly afterwards.

Tuesday: Federal Appeals Court Hears Important Cell Phone Tracking Case

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:05pm

Tomorrow, the Department of Justice will tell a federal appeals court panel in New Orleans that law enforcement agents should be permitted to obtain two month’s worth of historical cell phone location information without a warrant. Several civil liberties groups, including the ACLU, have filed briefs arguing otherwise (you can read our amicus brief here). We believe that cell phone location data, particularly when collected over a lengthy period of time, reveals intimate facts about a person's private life. The appropriate legal standard for such private information should be a probable cause warrant, issued by a judge.

Civil Liberties in the Digital Age: Weekly Highlights (9/28/2012

By Anna Salem, ACLU of Northern California at 2:51pm

In the digital age that we live in today, we are constantly exposing our personal information online. From using cell phones and GPS devices to online shopping and sending e-mail, the things we do and say online leave behind ever-growing trails of personal information. The ACLU believes that Americans shouldn’t have to choose between using new technology and keeping control of your private information. Each week, we feature some of the most interesting news related to technology and civil liberties that we’ve spotted from the previous week.

When Privacy Gets Personal For Policymakers

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:21am

Data from license plate readers in Minnesota was obtained by a St. Paul car dealer using open-records laws, and used to repossess at least one car, according to a recent article in the Minneapolis Star Tribune. The article included this amusing tidbit:

When the Star Tribune published data tracking Mayor R.T. Rybak's city-owned car over the past year, the mayor asked police Chief Tim Dolan to make a recommendation for a new policy about data retention.

Civil Liberties in the Digital Age: Weekly Highlights (9/7/2012)

By Anna Salem, ACLU of Northern California at 3:01pm

In the digital age that we live in today, we are constantly exposing our personal information online. From using cell phones and GPS devices to online shopping and sending e-mail, the things we do and say online leave behind ever-growing trails of personal information. The ACLU believes that Americans shouldn’t have to choose between using new technology and keeping control of your private information. Each week, we feature some of the most interesting news related to technology and civil liberties that we’ve spotted from the previous week.

ACLU Sues FBI for New GPS Tracking Memos

By Adrienne Lucas, Legal Intern, Speech, Privacy & Technology Project at 3:32pm

Today the ACLU filed a lawsuit under the Freedom of Information Act to force the FBI to release two memos guiding the bureau’s policy on GPS tracking. The memos were written in the wake of the Supreme Court’s January decision in U.S. v. Jones, which held that the Fourth Amendment applies when the government secretly attaches a GPS device to a car and tracks its movements. (See today’s legal complaint, our original FOIA request (made July 18), and a blog post we wrote about that request).

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