Obama Administration Says They Can Legally Track Us 24/7 Without A Warrant
Big Brother is watching:
The Obama Administration will argue today that warrantless tracking of the location of Americans’ mobile devices is perfectly legal, Declan McCullagh of CNET reports.Related posts:
In 2010 a court ruled against government requests for mobile location data, declaring that “[c]ompelled warrantless disclosure of cell site data violates the Fourth Amendment.”
On appeal federal prosecutors are asserting that they should be able to obtain records revealing the movements of mobile users over a 60-day period, even if the phones are off, without first having to ask a judge to approve a warrant.
The Justice Department argued in February that its position is “consistent with the Fourth Amendment because a customer has no privacy interest” in GPS location records since that information has been “voluntarily conveyed” to the wireless provider.
The Fourth Amendment protects against “unreasonable search and seizure,” and while it’s unclear if a citizen’s cell phone data is protected, the ACLU reports that all levels of law enforcement routinely track cell phones.
In July Congressman Edward J. Markey released a report revealing that authorities made 1.3 million requests to wireless carriers for customer information last year, and said that the number of requests is increasing every year.
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