Guess What? The Feds Claim Warrantless Cell Phone Tracking is Legal

Cell phones are tracking devices that make phone calls.
– Jacob Applebaum in this excellent article titled Leave Your Cell Phone at Home

So a recent article from Wired is interesting in that it is an offshoot from the recent judicial ruling that deemed it unconstitutional for police to place a GPS tracking device on someone’s car without a warrant.  The Feds weren’t too pleased with that decision so what have they decided to do?  They have decided to say that they don’t even need to use the GPS device because your cell phone can simply be used to monitor everywhere you go and clearly they don’t need a warrant for that.  Why?  Well…

The Obama administration told a federal court Tuesday that the public has no “reasonable expectation of privacy” in cellphone location data, and hence the authorities may obtain documents detailing a person’s movements from wireless carriers without a probable-cause warrant.

“Defendant’s motion to suppress cell-site location records cannot succeed under any theory. To begin with, no reasonable expectation of privacy exists in the routine business records obtained from the wireless carrier in this case, both because they are third-party records and because in any event the cell-site location information obtained here is too imprecise to place a wireless phone inside a constitutionally protected space,” the administration wrote the federal judge presiding over the Jones re-trial.

I mean this is just absurd.  Sorry, but of course I assume that some government thug doesn’t have the right to track everywhere I go via my cell phone.  The fact that the administration is making this argument seem reasonable just goes to show you how far down the path to tyranny we have gone.  Seriously guys, is it really that hard to just get a warrant?

Read the full wired article here.

In Liberty,
Mike

Advertisements