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Feds push for tracking cell phones
CNET News ^ | February 1, 2010 | Declan McCullagh

Posted on 02/11/2010 8:58:30 AM PST by Cheap_Hessian

Two years ago, when the FBI was stymied by a band of armed robbers known as the "Scarecrow Bandits" that had robbed more than 20 Texas banks, it came up with a novel method of locating the thieves.

FBI agents obtained logs from mobile phone companies corresponding to what their cellular towers had recorded at the time of a dozen different bank robberies in the Dallas area. The voluminous records showed that two phones had made calls around the time of all 12 heists, and that those phones belonged to men named Tony Hewitt and Corey Duffey. A jury eventually convicted the duo of multiple bank robbery and weapons charges.

Even though police are tapping into the locations of mobile phones thousands of times a year, the legal ground rules remain unclear, and federal privacy laws written a generation ago are ambiguous at best. On Friday, the first federal appeals court to consider the topic will hear oral arguments (PDF) in a case that could establish new standards for locating wireless devices.

In that case, the Obama administration has argued that warrantless tracking is permitted because Americans enjoy no "reasonable expectation of privacy" in their--or at least their cell phones'--whereabouts. U.S. Department of Justice lawyers say that "a customer's Fourth Amendment rights are not violated when the phone company reveals to the government its own records" that show where a mobile device placed and received calls.

Those claims have alarmed the ACLU and other civil liberties groups, which have opposed the Justice Department's request and plan to tell the U.S. Third Circuit Court of Appeals in Philadelphia that Americans' privacy deserves more protection and judicial oversight than what the administration has proposed.

(Excerpt) Read more at news.cnet.com ...


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS: 4thamendment; agenda; bigbrother; cell; cellphoneprivacy; cellphones; doj; fourthamendment; gps; gpstracking; lping; military; obama; palin; phone; privacy; privacyrights; spy; telecom; veterans; warrantlesssearch; warrants; wiretapping
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To: spintreebob

“Reasonable” is whatever a judge wants it to be.


61 posted on 02/11/2010 10:51:35 AM PST by ilovesarah2012
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To: j_guru
...they do not verify your ID.

Yet. But wait. A year ago in my state some nutball made a bomb that was remotely activated by one of those throwaway phones. Killed a bomb squad tech and maimed a city police chief.

From the remains they were able to identify the phone down to where and when it was bought, and identified a suspect by store security video from that time. But they'll say, you know, it's for the common good that folks (that's what corpse-man calls them) should have to show papers to make a phone call. Any phone call. Technology exists to do that right now and just wait, some "patriot act" 3 or 4 will have that.

Since 2000 the federal government has hooked into almost all of the communications infrastructure in this country and much of the world. The telcos (most of them) gleefully hand over any records and information they want, in order to stay in business. Only one (QWest) in the US offered any resistance and I believe those days are done.

62 posted on 02/11/2010 10:57:32 AM PST by Clinging Bitterly (We need to limit political office holders to two terms. One in office, and one in prison.)
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To: TheClintons-STILLAnti-American

And yet you would be committing a crime if you modified a regular GSM phone to listen to someone else’s phone conversation, because they have an expectation of privacy.


63 posted on 02/11/2010 10:59:10 AM PST by Skenderbej (No muhammadan practices his religion peacefully.)
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To: stephenjohnbanker

It would be a waste of resource. All you would get were conversations ordering lobster and planning Latino night at the White House.


64 posted on 02/11/2010 11:00:01 AM PST by Skenderbej (No muhammadan practices his religion peacefully.)
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To: zeugma

I like yer thinking :>>


65 posted on 02/11/2010 11:06:01 AM PST by swarthyguy (My toast when imbibing: "Beer hu Akbar" - Riposte - "Inshallah")
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To: ilovesarah2012
And you have just put your finger on why I get so irritated on threads like these. A lawyer who golfs with a politician (aka a ‘judge’) makes some dumb$$ ruling, which then becomes ‘precedent’, which then must be upheld because of the concept of ‘stare decisis’. So the Feds and police go forth with the dumba$$ ruling in hand and We the People get trampled. The Constitution gets shredded.

And now we get to where we are now. Warrantless tracing and eavesdropping is considered acceptable because of ‘practical’ law enforcement purposes. Incrementalism does indeed work.

66 posted on 02/11/2010 11:07:06 AM PST by ex 98C MI Dude (All of my hate cannot be found, I will not be drowned by your constant scheming)
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To: ex 98C MI Dude

You are so right!


67 posted on 02/11/2010 11:10:08 AM PST by ilovesarah2012
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To: Tublecane

Or your snail-mail....


68 posted on 02/11/2010 11:28:04 AM PST by expatpat
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To: CholeraJoe
Any man over 35 with washboard abds is either gay or a narcissist.

Heh heh, you know there are a LOT of special ops guys over 35 who would take offense at that. :)

69 posted on 02/11/2010 11:29:25 AM PST by Soothesayer9
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To: j_guru
Note to bank robbers: use pay as you go. lol

LOL yeah I was just about to say! 20 successful bank robberies and they're too dumb to know they shouldn't use phones with traceable info!

70 posted on 02/11/2010 11:31:37 AM PST by Soothesayer9
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To: ex 98C MI Dude

The whole concept of “stare decisis” (stand on decided cases) assumes that the constitution will never be shredded, which of course *is* being shredded right before our very eyes. A more obvious attack on our sovereignty as well as privacy has never existed in the history of our country.

I almost want to move to Canada (their privacy laws are a bit stronger than ours).


71 posted on 02/11/2010 11:43:36 AM PST by Soothesayer9
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To: Soothesayer9
Internal Report Finds Flagrant National Security Letter Abuse By FBI
72 posted on 02/11/2010 12:16:23 PM PST by KDD (When the government boot is on your neck, it matters not whether it is the right boot or the left.)
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To: bamahead

thanks bamahead


73 posted on 02/11/2010 12:55:28 PM PST by neverdem
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To: Soothesayer9

They probably don’t realize they are narcissists. Most don’t.


74 posted on 02/11/2010 1:17:28 PM PST by CholeraJoe (Any man over 35 with washboard abds is either gay or a narcissist.)
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To: MrB

LOL!!


75 posted on 02/11/2010 2:12:15 PM PST by stephenjohnbanker (Support our troops, and vote out the RINO's!)
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To: Skenderbej

No doubt ;-)


76 posted on 02/11/2010 2:15:50 PM PST by stephenjohnbanker (Support our troops, and vote out the RINO's!)
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To: Cheap_Hessian

Lots of people around here will say “If you have nothing to hide, you have nothing to worry about.” Surely, they trust the good graces and intentions of Obama, Rahm, Clinton, Holder and the like much more than I do.


77 posted on 02/11/2010 2:26:07 PM PST by MichiganConservative (I wouldn't hate the government if it didn't exist. (Evil + Stupid) === Government)
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To: Cheap_Hessian
So...when do we start tearing these assholes from limb to limb? When do we say enough is enough?

What straw will it be? Or do we continue to just stand by and do nothing about it?

I AM SICK AND TIRED OF THESE TRAITORS! IT'S WAY PAST TIME!

78 posted on 02/11/2010 5:28:18 PM PST by unixfox (The 13th Amendment Abolished Slavery, The 16th Amendment Reinstated It !)
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To: Cheap_Hessian
The Constitution is clear : get a warrant. The Fourth Amendment doesn't have an asterisks after it.

However, I'm wondering where the "If you're not doing anything wrong, you have nothing to worry about" crowd has disappeared to. They were well represented in preceding years
79 posted on 02/11/2010 5:33:52 PM PST by mysterio
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To: carolinacrazy

here is the more interesting thing.
Most drug dealers use pre-paid cell phones because they know that police can track them with their cells. Get warrants for their calls etc.

So the vast majority do use pre-paid where no name is required. Terrorists do the same thing.


80 posted on 02/11/2010 8:23:57 PM PST by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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