Groups Sue U.S. for Data On Tracking By Cellphone

By Ellen Nakashima
Washington Post Staff Writer

Wednesday, July 2, 2008; A02

http://www.washingtonpost.com/wp-dyn/content/article/2008/07/01/AR2008070102884_pf.html


Two civil liberties groups filed a lawsuit against the U.S. government 
yesterday, seeking records related to the government's use of cellphones as 
tracking devices.

The American Civil Liberties Union and the Electronic Frontier Foundation 
sued the government in federal court in Washington under the Freedom of 
Information Act. Last November, the ACLU had filed a FOIA request with the 
Justice Department for documents, memos and guides regarding the policies 
for tracking people through the use of their cellphones.

The groups also want to know how many times the government sought location 
information without first establishing probable cause that a crime was 
taking place.

Justice Department spokesman Dean Boyd declined to comment on the suit. But 
with respect to cell-tracking data in general, he said, "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."

Boyd added that "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's FOIA request was made after an article in The Washington Post 
last fall revealed that federal officials were routinely asking courts to 
order cellphone companies to furnish real-time tracking data on individuals 
and that courts sometimes have ordered the data released without first 
requiring a showing of probable cause.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu

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