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Cellphone Tracking Powers on Request-Secret Warrants Granted Without Probable Cause

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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 07:18 AM
Original message
Cellphone Tracking Powers on Request-Secret Warrants Granted Without Probable Cause
Cellphone Tracking Powers on Request
Secret Warrants Granted Without Probable Cause

By Ellen Nakashima
Washington Post Staff Writer
Friday, November 23, 2007; Page 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."

more...

http://www.washingtonpost.com/wp-dyn/content/article/2007/11/22/AR2007112201444.html
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 08:06 AM
Response to Original message
1. This would require information traveling faster than the speed of light. n/t
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 11:48 AM
Response to Reply #1
7. Where did that come from?
I don't see that. If you read the article, there is currently a vague (within a few blocks) capability to construct a path retro-actively. Further, if the cell company stores E911 data from phones, and they are cooperative with police, then they may volunteer the data without a warrant!

This is unreal, and beyond capabilities Orwell envisioned.

-Hoot
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 02:14 PM
Response to Reply #7
11. I replied to the wrong message thread.
Edited on Fri Nov-23-07 02:16 PM by IanDB1
Meant to respond to THIS

Mankind 'shortening the universe's life'
Topic started by BushOut06 on Nov-23-07 07:50 AM (44 replies)
Last modified by 0rganism on Nov-23-07 01:49 PM
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=3075325

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Wiregrass Willie Donating Member (436 posts) Send PM | Profile | Ignore Fri Nov-23-07 12:08 PM
Response to Reply #1
8. I have no problem with cell phones beng monitored
I see no problem with the government -- or anybody else -- obtaining information about a person's cell phone calls.

The Constitution protects our home against searches and seizures, but not those things we do and say in public. And what is more public than a cell phone ?

Have you ever been standing in line at McDonalds and you hear the guy behind you talking ? And there's nobody there except you - and he isn't looking at you. First time it happened to me I thought the guy was praying. Until he started cussing. And then I realized what cell phone was.

That was a few years back. But I have never gotten use to hearing the moronic babble that is forced upon us in public places. It is my belief that anybody that will use a cell phone in public would also urinate in public if they thought the police wouldn't get them. Urinate ? Hell, most would probably defecate.
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 02:14 PM
Response to Reply #8
10. I replied to the wrong message thread...
Edited on Fri Nov-23-07 02:16 PM by IanDB1
Meant to respond to THIS

Mankind 'shortening the universe's life'
Topic started by BushOut06 on Nov-23-07 07:50 AM (44 replies)
Last modified by 0rganism on Nov-23-07 01:49 PM
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=3075325

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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 02:35 PM
Response to Reply #8
13. One time, I was in the restroom, and this guy sat in the next stall and said, "Hey, how are you?"
I replied, "I'm great, thanks! And you?"
Then he said, "I'm okay. What are you up to?"
"Uhm, going poop," I said.
Then the guy in the next stall said, "Let me call you back. Some idiot in the stall next to me thinks I'm talking to him."



Okay, that didn't REALLY happen.

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SpiralHawk Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:02 AM
Response to Original message
2. Big BushCo is Watching You
Edited on Fri Nov-23-07 10:02 AM by SpiralHawk
This is the one thing that Commander AWOL Bush & his republicon homelander cronies are good at...

Why do republicon homelanders HATE America?

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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:05 AM
Response to Reply #2
3. But illegally it would seem. Does anyone care anymore? So much
crime, so little time.
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 11:46 AM
Response to Reply #3
6. No. So very few compared to the whole that it is irrelevant. I apologize for reality.
Even here at DU, less than half of us.

This thing is going to go on to the bitter end, 99% certainty. The best we can hope for, I think , is Sen. Clinton be intalled as Empress in 2008.

This will give us a rest between bouts of Bushie Vampirism, like Emperor Cladius coming between Caligula and Nero.

No one cares, no one sees. Many who see deny because it is too painful.

I wish I was worng. I hope I am wrong. God, please, let me be wrong.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:06 AM
Response to Original message
4. Don't own one
The NSA can track my fat ass.
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:09 AM
Response to Original message
5. ...this is only the beginning.
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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 12:11 PM
Response to Original message
9. Hello Larry Craig. E-Brother knows when you are in the john!
Hopefully, our Senators understand why this is a danger to civil liberties.
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Trillo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 02:24 PM
Response to Original message
12. I think it's important for our leaders to remember
that there is an increasing presumption of guilt in society, and that goes hand in hand with authoritarians' perception of probable cause. The more you presume someone's guilt, the less evidence you seem to need for your personal 'probable cause' comfort zone.
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