Everywhere You Want to Be, and Everywhere You Once Were

(Originally posted on Daily Kos.)

We recently submitted a brief (PDF) to the 3rd Circuit Court of Appeals in a case about the legal limits of the government using people's cell phones to monitor their whereabouts, a.k.a. "cell phone tracking." The case is about what requirements must be met in order for the governmentto obtain a record of someone's past movements from the telephone company. The government argues (PDF) that it is entitled to this information whenever it shows the information is "relevant and material to an ongoing criminal investigation." The ACLU and our coalition partners the Electronic Frontier Foundation, the Center for Democracy & Technology and the ACLU of Pennsylvania argue that judges should be free to require the government to show probable cause, which we believe is required by the Fourth Amendment.

If you're like most people, you're probably not aware that your cell phone can be used to track your movements. It can. If your phone is fairly new, the odds are it has a GPS chip inside. The same technology that allows car navigation systems to know where your car is can be used to track your movements through your cell phone. But even if your phone doesn't have a GPS chip, it still has to connect to the cell phone network somehow. It transmits to the nearest cell network tower and, because the location of those towers is known, it's possible to approximate the location of you and your phone.

If you carry your phone with you, then you can be tracked. Your phone can be used to map your movements in real time as you move around. Depending on how long your phone company retains location information, it may also be possible for the government to obtain records from your phone company showing where you've been over the past weeks, months, and possibly even years.

The ACLU believes that people have a reasonable expectation of privacy in their movements, and that the Fourth Amendment requires the government to get a warrant before obtaining this sort of tracking information. Unfortunately, the government disagrees. In court papers filed by the Obama Justice Department, the government argued that "there is no reasonable expectation of privacy in such information, and, accordingly, no Fourth Amendment-protected privacy interest."

The government made a similar argument (PDF) back when President Bush was in charge, albeit more bluntly: "One who does not wish to disclose his movements to the government need not use a cellular telephone."

The ACLU is fighting hard to ensure that carrying a cell phone doesn't mean sacrificing your privacy. In addition to this brief, we have also filed a lawsuit asking a federal court to require the Justice Department to disclose records revealing the full extent of its warrantless cell phone tracking. With over 260 million people owning cell phones (or similar devices), this is a privacy issue that affects us all.

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Vic Livingston

"A nationwide GPS satellite tracking network has been made available to “community gang stalkers” who hide behind federal- and county-funded volunteer organizations and public safety agencies such as fire departments and police auxiliaries.

These organizations provide taxpayer-funded or subsidized vehicles and gasoline to local squads of hundreds of vigilante volunteers, who seem to delight in “swarming the target” when signal from a secreted GPS device planted in a targeted person's vehicle shows up in the so-called “crown of evil” GPS video screen of the stalkers.

Some stalkers cause auto accidents and attempt to provoke confrontations that will draw police attention. The apparent motive: to portray the persecuted as mentally unbalanced.

This vehicle stalking causes a public safety hazard as vigilante squads violate the civil and human rights of their prey — many, if not most, of whom are upstanding citizens who were wrongly or maliciously targeted."

-- From blog post by Vic Livingston, author of "GESTAPO USA..." (http://My.NowPublic.com/scrivener), as recently posted on blog.aclu.org:

http://blog.aclu.org/2009/03/11/doj-finally-investigates-arpaio-for-civi...

Maggie

This is a tough one. I do understand what you are saying. However in this case I believe that most people using cell phones know that they are a necessity when you are in trouble so that aid can be sent to them by tracking etc. I think that the majority of the people it helps safety wise far out weighs the inconvience to a few.

anonymous

If you could clarify. I'm guessing that the GPS chip is active/enabled even if the phone is "off?"

I'm law-abiding and love this country and have nothing to hide and, yet, I believe that "privacy" is critically important. We're on that proverbial slippery slope...

Paen

Telling people that they shouldn't use cell phones if they don't want to be tracked is like telling Reagan and Kennedy that they shouldn't have run for president if they didn't want to be shot at.

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