Feds Have Access To Cellphone Tracking On Request 140
Mike writes "According to a Washington Post article, federal officials are routinely asking and getting courts to order cellphone companies to furnish real-time tracking data on subscribers. The data is used to pinpoint the whereabouts of 'criminal suspects', according to judges and industry lawyers. In some cases, judges have granted the requests without even requiring the government to demonstrate probable cause 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.'"
Re:The truth comes out. (Score:2, Informative)
At least for the commercial applications, the software is designed to require a response from the phone saying in effect "Yes, you can determine my location at this time". The software will then use the GPS in the phone (if it is installed and turned on) or triangulation using the cell towers nearest the phone to determine your location.
The software is not in and of itself bad - recently it was used to locate a mother and child attending a concert to let them know that a transplant donor had been located for the child and to get to the hospital. The issue is more that courts are approving the government's requests without requiring the government to demonstrate probable cause that a crime is taking place. This increases the potential for abusing the process.
Never let reality temper imagination