ACLU: Cops often violate Americans' privacy by warrantless cell phone tracking

foundit66 · #1 (**permalink**) 04-04-2012, 07:38 PM

Quote:

If you have a mobile phone, then so long as you are in range of getting a wireless signal, your phone pings a cell phone network tower numerous times per minute. That function cannot be turned off and the "threat to personal privacy presented by this technology is breathtaking." The ACLU warns, "Of all of the recent technological developments that have expanded the surveillance capabilities of law enforcement agencies at the expense of individual privacy, perhaps the most powerful is cell phone location tracking."

Previously, the ACLU published how long mobile phone providers store data for law enforcement access. Now, after receiving more than 5,500 pages from over 200 local law enforcement agencies about cell phone surveillance, the ACLU found that the "government is routinely violating American's privacy rights through warrantless cell phone tracking." More than likely, this sickens you but does not surprise you . . . especially in light of the feds trying to replace warrantless GPS tracking with warrantless cell phone tracking.

The ACLU added that very few law enforcement agencies "consistently obtain warrants" so mobile phone companies published "manuals for police explaining what data the companies store, how much they charge police to access that data, and what officers need to do to get it."

Some disturbing trends include police departments obtaining all of the cell phone numbers that used a particular cell tower. You have no control over what cell tower your phone uses, so cops snagging such information seems almost like a form of potentially guilty due to location. Other police want all the mobile phone numbers that called a particular cell phone. Is this guilty by association until proven innocent? Still other law enforcement agencies want everything that can be gleaned from a smartphone, including the owner's GPS coordinates.

The phone carriers have turned cell phone surveillance records into a big revenue-producing business. "T-Mobile charges $150 for one hours' worth of data about what phone were near one particular tower" [PDF]. Alltel provides [PDF] a faxed listing of an electronic "Tower Dump" for specific dates and times "at no charge," but "there is a flat rate of $500 per tower for these searches." Verizon Wireless "charges $30-$60 for 15 minutes' worth of tower data."

An invoice from AT&T [PDF] did not specify what services were performed for the $75 hourly rate, but another document [PDF] referencing AT&T Wireless states, "Request a Cell Tower Dump or Cell Site Usage Report to include subscriber Information for the location, date and time frame where the phone was used. There Is a charge of $75 per hour (minimum of 2-4 hours per tower)." AT&T Mobility [PDF] charged $50 per hour with a $200 minimum.

Yet another example is Sprint which charged the Raleigh Police Department [PDF] $50 for a historic tower search and another $30 for precision location called L-Site GPS pings. Lincoln, Neb., is also fond of requesting [PDF] "all cellular phone records and other information; including subscriber information, GPS, precision location, and/or lat/long coordinates."

According to The New York Times, "Cell carriers, staffed with special law enforcement liaison teams, charge police departments from a few hundred dollars for locating a phone to more than $2,200 for a full-scale wiretap of a suspect." But law enforcement in Gilbert, AZ, shelled out $244,195 [PDF] for its own cell phone tracking equipment to get around paying a phone carrier for such mobile surveillance. $150,000 of that came from a State Homeland Security Program grant.

ACLU: Cops often violate Americans' privacy by warrantless cell phone tracking - Computerworld Blogs

So, the government tracks its citizens without a warrant, and the cell companies make a profit out of it...

MrLiberty · #2 (**permalink**) 04-04-2012, 08:03 PM

Quote:

Originally Posted by foundit66

ACLU: Cops often violate Americans' privacy by warrantless cell phone tracking - Computerworld Blogs

So, the government tracks its citizens without a warrant, and the cell companies make a profit out of it...

Welcome to 1984......

jabbo · #3 (**permalink**) 04-13-2012, 06:15 PM

Quote:

Originally Posted by foundit66

ACLU: Cops often violate Americans' privacy by warrantless cell phone tracking - Computerworld Blogs

So, the government tracks its citizens without a warrant, and the cell companies make a profit out of it...

Ignorance of the law (to include ignorance of the consequences of utilizing modern technology) is no excuse....

I don't like the Guv'mint, but I also don't believe that the Guv'mint is SOLELY responsible for educating the populace regarding the consequences of the actions of the populace.

foundit66 · #4 (**permalink**) 04-13-2012, 06:31 PM

Quote:

Originally Posted by jabbo

Ignorance of the law (to include ignorance of the consequences of utilizing modern technology) is no excuse....
I don't like the Guv'mint, but I also don't believe that the Guv'mint is SOLELY responsible for educating the populace regarding the consequences of the actions of the populace.

Do you believe that tracking citizens via cell phone technologies without a warrant is something the government should be able to do?

And regardless, a recent court decision clearly establishes the answer is "no".
The answer is that the government needs to get a warrant.

This isn't about ignorance as much as it is the government doing something they shouldn't be.

jabbo · #5 (**permalink**) 04-13-2012, 06:37 PM

Quote:

Originally Posted by foundit66

Do you believe that tracking citizens via cell phone technologies without a warrant is something the government should be able to do?

And regardless, a recent court decision clearly establishes the answer is "no".
The answer is that the government needs to get a warrant.

This isn't about ignorance as much as it is the government doing something they shouldn't be.

Did you carefully read my post?

foundit66 · #6 (**permalink**) 04-14-2012, 06:22 AM

Quote:

Originally Posted by jabbo

Did you carefully read my post?

Yes.

I don't see concrete answers to my questions. The implications of your post are disturbing to me, but I would rather have you state explicitly instead of relying on implications...

To be clear, this isn't about the CELL PHONE COMPANIES being able to track people with the technology.

This is about the GOVERNMENT GETTING that data without a warrant...

Similarly, I've got some stuff in my medical record. Of course I understand my doctor can review the notes made by another physician in the same group.

But that DOES NOT mean the doctors can just sell my info to the government and there's nothing wrong with that.

Which brings me back to why I was asking questions.

Spencer Collins · #7 (**permalink**) 04-14-2012, 02:54 PM

"When the law breaks the law there is no law"

A phrase not coined by J. Edgar

jabbo · #8 (**permalink**) 04-14-2012, 04:50 PM

Quote:

Originally Posted by foundit66

Yes.

I don't see concrete answers to my questions. The implications of your post are disturbing to me, but I would rather have you state explicitly instead of relying on implications...

To be clear, this isn't about the CELL PHONE COMPANIES being able to track people with the technology.

This is about the GOVERNMENT GETTING that data without a warrant...

Similarly, I've got some stuff in my medical record. Of course I understand my doctor can review the notes made by another physician in the same group.

But that DOES NOT mean the doctors can just sell my info to the government and there's nothing wrong with that.

Which brings me back to why I was asking questions.

Think about the phrase "reasonable expectation of privacy" ("reasonable" being an important adjective in that phrase), then review my original post.

mlurp · #9 (**permalink**) 04-15-2012, 11:41 AM

Quote:

Originally Posted by jabbo

Ignorance of the law (to include ignorance of the consequences of utilizing modern technology) is no excuse....

I don't like the Guv'mint, but I also don't believe that the Guv'mint is SOLELY responsible for educating the populace regarding the consequences of the actions of the populace.

Want an eye opener? Ever hear of the NSA? One very important part of their job is to monitor every cell call, every e-mail made in the USA. Any form of communication made they can read/listen to it.

Now they don't listen or read every one, as they to have key words. But they can store plenty of them.

foundit66 · #10 (**permalink**) 04-15-2012, 11:00 PM

Quote:

Originally Posted by jabbo

Think about the phrase "reasonable expectation of privacy" ("reasonable" being an important adjective in that phrase), then review my original post.

Two things...

One, most importantly, that phrase applies to the government.
It's the government who is accountable to that phrase. Not corporations.

Two, that phrase is precisely the point.
"Reasonable" is the important adjective, but it would be presumptious of me to define that for you...
Which brings me back to the original issue of me asking you to elaborate.

If you're not interested, just don't waste my time, okay?

Quote:

Originally Posted by mlurp

Want an eye opener? Ever hear of the NSA? One very important part of their job is to monitor every cell call, every e-mail made in the USA. Any form of communication made they can read/listen to it.
Now they don't listen or read every one, as they to have key words. But they can store plenty of them.

There are some significant legal limitations.
Relevant...
http://www.politicalwrinkles.com/civ...e-illegal.html

Also relevant...
http://www.politicalwrinkles.com/his...html#post38236

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

The Following User Says Thank You to foundit66 For This Useful Post:
MrLiberty

The Following User Says Thank You to MrLiberty For This Useful Post:
foundit66

The Following User Says Thank You to jabbo For This Useful Post:
mlurp

The Following 2 Users Say Thank You to Spencer Collins For This Useful Post:
GottaGo, mlurp

The Following User Says Thank You to mlurp For This Useful Post:
jabbo