This is nothing new and it's not only Nextel, but most all cell phones can be turned on remotely. I saw this done at an unclass NSA sym; the guys putting on the demo picked a guy out of the crowd and were able to turn on his cell phone and listen. This was a couple years ago.
Some will tell you that since privacy isn't specifically mentioned in the US Constitution it doesn't exist. They also believe that the Constitution is an enumeration of our rights, and not what the Founders said: a document defining and limiting government powers.
Maybe when my phone is in the same room as I, it should get placed next to a speaker that is playing Korn's latest. Loudly. So they can listen to Thoughtless. Am I doing anything illegal? Nope. But I trust this government as far as I can throw it. Especially now that the Dhimmitude has taken two of three branches.
And therein lies the problem. While Rummy and Bush wouldn't use these powers against honest Americans, Hitlery, Pelosi, and Osama Obama wouldn't think twice about it, just for opposing them politically (and Kennedy and Reid would be far worse!!!!). That is why I oppose the Patriot Act (I and II). It potentially places far too much power in the hands of people who don't have qualms about its use.
Wrap the phone in lead foil when not in use.
Carolyn