Tags: Cellphone | Tracking | Powers

Cellphone Tracking on Request Questioned

Friday, 23 Nov 2007 11:35 AM

According to a report in the Washington Post, Federal officials are routinely asking courts to order cellphone companies to furnish real-time tracking data so they can pinpoint criminal suspects.

According to judges and industry lawyers, in some cases judges have granted the requests without requiring the government to demonstrate that there is probable cause to believe that a crime is taking place or that the inquiry will yield evidence of a crime.

Privacy advocates argue such requests violate the Justice Department's own recommendation that federal prosecutors seek warrants based on probable cause to obtain location data in private areas.

"Most people don't realize it, but they're carrying a tracking device in their pocket," said Kevin Bankston of the privacy advocacy group Electronic Frontier Foundation. "Cellphones can reveal very precise information about your location, and yet legal protections are very much up in the air."

Justice Department spokesman Dean Boyd said field attorneys should follow the department's policy. "We strongly recommend that prosecutors in the field obtain a warrant based on probable cause" to get location data "in a private area not accessible to the public," he said. "When we become aware of situations where this has not occurred, we contact the field office and discuss the matter."

"Law enforcement has absolutely no interest in tracking the locations of law-abiding citizens. None whatsoever," Boyd said. "What we're doing is going through the courts to lawfully obtain data that will help us locate criminal targets, sometimes in cases where lives are literally hanging in the balance, such as a child abduction or serial murderer on the loose."

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According to a report in the Washington Post, Federal officials are routinely asking courts to order cellphone companies to furnish real-time tracking data so they can pinpoint criminal suspects.According to judges and industry lawyers, in some cases judges have granted the...
Cellphone,Tracking,Powers
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2007-35-23
Friday, 23 Nov 2007 11:35 AM
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