- if you want a phone, it will have nonfree baseband firmware, on GTA02
and GTA04 it cannot spy on you (ignoring all normal uses of GSM
networks), on other phones this isn't completely known; most can read
all data from the main memory and access the microphone and GPS

According to libreplanet:
http://libreplanet.org/wiki/Group:Hardware/Freest/SmartPhone
The N900's modem cannot access the main CPU and microphone either (but can access the GPS), but the phone has lots of non-free drivers. GTA04 requires proprietary firmware for wireless and bluetooth and GTA01 requires proprietary driver for GPS, whereas all the drivers in GTA02 are free (the firmwares used are embedded in the chips but aren't all documented and thus cannot be easily fixed).

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