Civil liberties groups sue U.S. over mobile phone tracking
They claim U.S. attorneys bypassed court-ordered warrants
By Grant Gross

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Independent Voter says: Read it and weep...welcome to 1984 (Link to
related site.)
Read the rest | Reply
Eric Blair says: They should FOIA to find out all agencies use of
tracking data, and what the data flow is from the...

July 2, 2008 (IDG News Service) WASHINGTON -- The American Civil
Liberties Union and the Electronic Frontier Foundation are asking a
federal court to order the U.S. Department of Justice to turn over
records about the agency's tracking of mobile phone users.

The two civil liberties groups filed a lawsuit yesterday in U.S.
District Court for the District of Columbia, saying U.S. residents
should have a right to know the extent of mobile phone tracking done
by U.S. attorneys offices.

In the past year and a half, multiple news reports and court cases
have revealed that some U.S. attorneys were claiming not to need
probable cause of a crime in order to track people using mobile
phones, the groups say in their complaint. In some cases, U.S.
attorneys have bypassed court-ordered warrants, with law enforcement
agents obtaining "tracking data directly from mobile carriers without
any court involvement," the complaint says.

"The information now in the public domain suggests that [the DOJ] may
be engaging in unauthorized and potentially unconstitutional tracking
of individuals through their mobile phones," the ACLU and EFF said in
their complaint. "Information pertaining to the DOJ's procedures for
obtaining real-time tracking information is vital to the public's
understanding of the privacy risks of carrying a mobile phone and of,
more generally, the government's expansive view of its surveillance
powers."

The ACLU filed a request for information on the tracking program under
the U.S. Freedom of Information Act in November, but the DOJ has not
delivered the documents requested, the group said.

"This is a critical opportunity to shed much-needed light on possibly
unconstitutional government surveillance techniques," Catherine Crump,
a staff attorney at the ACLU, said in a statement. "Signing up for
cell phone services should not be synonymous with signing up to be
spied on and tracked by the government."

A DOJ spokesman declined to comment specifically on the lawsuit, but
he seemed to dispute the reports that DOJ officials were requesting
tracking information without court orders.

"It is important to remember that the courts determine whether or not
cell site data or more precise cell location data can be turned over
to law enforcement in a particular case," said Dean Boyd, a spokesman
for the DOJ's National Security Division. "Law enforcement has
absolutely no interest in tracking the locations of law abiding
citizens. Instead, law enforcement goes through the courts to lawfully
obtain data to help locate criminal suspects, sometimes in cases where
lives are literally hanging in the balance, such as a child abduction
case or a serial murderer on the loose."

The ACLU request for information includes documents, memos and guides
related to the policies and procedures for tracking people through
their mobile phones. The ACLU also wants to know the number of times
the government has applied for mobile phone location information
without establishing probable cause.


Reprinted with permission from

IDG.net
Story copyright 2008 International Data Group. All rights reserved

http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9106078&source=rss_news10

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