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Posted by Monty Solomon on November 23, 2007, 11:43 pm
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Cellphone Tracking Powers on Request
Secret Warrants Granted Without Probable Cause
By Ellen Nakashima
Washington Post Staff Writer
Friday, November 23, 2007; A01
Federal officials are routinely asking courts to order cellphone
companies to furnish real-time tracking data so they can pinpoint the
whereabouts of drug traffickers, fugitives and other 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 fear such a practice may expose average
Americans to a new level of government scrutiny of their daily lives.
Such requests run counter to the Justice Department's internal
recommendation that federal prosecutors seek warrants based on
probable cause to obtain precise location data in private areas. The
requests and orders are sealed at the government's request, so it is
difficult to know how often the orders are issued or denied.
The issue is taking on greater relevance as wireless carriers are
racing to offer sleek services that allow cellphone users to know
with the touch of a button where their friends or families are. The
companies are hoping to recoup investments they have made to meet a
federal mandate to provide enhanced 911 (E911) location tracking.
Sprint Nextel, for instance, boasts that its "loopt" service even
sends an alert when a friend is near, "putting an end to missed
connections in the mall, at the movies or around town."
With Verizon's Chaperone service, parents can set up a "geofence"
around, say, a few city blocks and receive an automatic text message
if their child, holding the cellphone, travels outside that area.
...
http://www.washingtonpost.com/wp-dyn/content/article/2007/11/22/AR2007112201444.html
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