Back when we were concerned about warrantless wiretaps I wrote a longish post talking about England's project to track every car in the country's location in real time and similar possibilities in the USofA. The Electronic Freedom Foundation noted a Federal judge reversed precedent, allowing the feds to track your cell phone location without probable cause.
December 21, 2005
Yesterday, Magistrate Judge Gorenstein of the federal court for the Southern District of New York issued an opinion permitting the government to use cell site data to track a cell phone's physical location, without the government having to obtain a search warrant based on probable cause.
Judge Gorenstein's flawed legal analysis is in sharp contrast to three other federal court opinions strongly rejecting the government’s legal arguments, including a decision by Magistrate Judge Orenstein in the Eastern District of New York. While Judge Orenstein referred to the government's legal arguments variously as "unsupported," "misleading," and "contrived," and a Texas court called the convolutions of the government’s theory “perverse” and likened its twists and turns to a "three-rail bank shot," Judge Gorenstein bought the government's arguments hook, line and sinker.
My concern at the time was
This will be great...we already have a major head start with all the cars eqipped with OnStar...all cell-phone equipped and so all immediately trackable. Much cheaper, and people voluntarily carry the tracker. No need for those camera thingies and best of all, no government bill. YOU pay for it when you buy your car. And of course there's the cell phone in your pocket...we get to follow you to that tryst with your co-worker as a side effect of tracking cars. Because your co-worker's cousin lent a cell phone to a guy who is related to a student that studied the Middle East with a foreign exchange student whose uncle was in the Iraq military makes her a person of interest.
With that in mind...
FBI taps cell phone mic as eavesdropping tool
By Declan McCullagh
Story last modified Fri Dec 01 18:46:27 PST 2006
The FBI appears to have begun using a novel form of electronic surveillance in criminal investigations: remotely activating a mobile phone's microphone and using it to eavesdrop on nearby conversations.
The technique is called a "roving bug," and was approved by top U.S. Department of Justice officials for use against members of a New York organized crime family who were wary of conventional surveillance techniques such as tailing a suspect or wiretapping him.
