Legal Battles Over Cellphone Tracking 141
stupefaction writes "The New York Times reports on recent successful court challenges to police use of cellphone tracking information in the course of an investigation. From the article: 'In the last four months, three federal judges have denied prosecutors the right to get cellphone tracking information from wireless companies without first showing "probable cause" to believe that a crime has been or is being committed. That is the same standard applied to requests for search warrants. [...] Cellular operators like Verizon Wireless and Cingular Wireless know, within about 300 yards, the location of their subscribers whenever a phone is turned on.'"
It's less than 300 yards (Score:3, Informative)
Re:It's less than 300 yards (Score:2)
Re:It's less than 300 yards (Score:1)
Re:It's less than 300 yards (Score:2)
Re:It's less than 300 yards (Score:4, Informative)
Re:It's less than 300 yards (Score:3, Informative)
Suburbia is a lot easier to deal with than a big city.
Re:It's less than 300 yards (Score:1)
Re:It's less than 300 yards (Score:5, Informative)
The land-line mixups are poor implementation or upkeep of the database (think reverse DNS) that the phone switch operators are supposed to be keeping.
Some tech somewhere needs to understand the phone routing and add the entries into the database. When a phone number is moved, it doesn't always get updated. Likewise, the geographic data used to determine the center called based on the location isn't always accurate.
That's above and beyond the general PIA of databases in the first place.
My part-time ISP employer is going through this as it tries to become a CLEC to cut dial-up line costs, so I have learned some of this firsthand. You ALWAYS need to tell dispatch WHERE you are first, clearly and as accurately as you can. Don't depend on them knowing where you are.
Re:So what? (Score:1, Insightful)
Re:So what? (Score:1)
Certain agencies and individuals within the federal government love it that many (like you) believe that the government is "too incompetent" to pull anything shady off.
Obviously "they've" been competent enough to have the mainstream conciousness of entire nation deadened by bullshit fake massmedia manipulation.
Obviously "they've" been competent enough to use deceptive schemes to smash our divil liberties.
Obviously "they've" been competent enough to create this quagmire of a war under
Re:So what? (Score:1)
Criminals are tracked? (Score:1)
Re:Criminals are tracked? (Score:4, Interesting)
In Belgium, they recently sent a SMS to all people wich a cellphone within a certain range to investigatigate a crime which happened at a gasstation, searching for witnesses. (which also raised alot of privacy questions.)
So even not just criminals I suspect, but just needing a motivation to get the data from the providers, which do have these access logs. I don't know the exact protocol used in GSMs, but when you turn on your phone it tries to connect to your provider. And tries to keeps that 'connention'. (fe. if you have roaming, and you cross the border, you get welcomed with an SMS from the new network you're connected to.)
Re:Criminals are tracked? (Score:2)
Can you imagine the SMSpam if the cops broadcast requests for information for every crime in New York? And if they don't do it for all crimes, then how long until people start accusing them of racism/favoritism/elitism because they SMspammed for this crime but not for that one?
Re:Criminals are tracked? (Score:2)
Re:Criminals are tracked? (Score:2)
If you're resisting arrest, then yeah, you probably won't want to carry your cell-phone. But if you're an average day joe, does it really matter? They'll need a lot more evidence then you were in the area to get a conviction.
Re:Criminals are tracked? (Score:2, Insightful)
Re:Criminals are tracked? (Score:1, Informative)
Yeah, and an asteroid might also fall on your head and kill you.
What you're talking about is extremely rare and unlikely event that is so improbable that it's lunacy to worry about it.
Get on with your lives, people!
Re:Criminals are tracked? (Score:2, Insightful)
In a city like Chicago, that's a lot of ground to cover.
Re:Criminals are tracked? (Score:2)
Especially considering that the Detroit Lions defensive squads can't track a football over a fraction of that distance.
Sorry.... sorry....
Re:Criminals are tracked? (Score:1)
Re:Criminals are tracked? (Score:1)
Re:Criminals are tracked? (Score:1)
As a rule of thumb... (Score:5, Informative)
http://www.spywareinfo.com/articles/cell_phones/ [spywareinfo.com]
As a general rule, I always turn off the location settings on my phone. Sprint has had this feature enabled by default for the past 3 years, and it wasn't until recently that I learned I was broadcasting my whereabouts 24x7.
Re:As a rule of thumb... (Score:4, Informative)
Re:As a rule of thumb... (Score:5, Insightful)
The E911 service is, I believe, an implementation of AGPS where the phone assists in tracking to get an even closer match.
Re:As a rule of thumb... (Score:2)
Presumably one can defeat the GPS-based systems. Defeating the TDOA system would be much harder, and would involve going to locations where signal bounce (or multipath) gave erroneous TDOA readings.
Re:As a rule of thumb... (Score:1)
Re:As a rule of thumb... (Score:1)
What if you dont't have a montly service plan... (Score:1)
E911 (Score:3, Informative)
That will help but it won't solve the problem even if you manage to turn out any kind of E911 [wikipedia.org] related GPS system (I am assuming that is what you are talking about) that may be built into your mobile phone. The thing is that every time that you use the phone your service provider can still track your location since they know which GSM cell you are in and they can even roughly position you within the cell without ever retrieving any locat
Patriot Act (Score:5, Insightful)
Re:Patriot Act (Score:1)
Re:Patriot Act (Score:2)
Re:Patriot Act (Score:3, Funny)
What exactly is the problem with allowing herrings to run for election with simple knowladge[sic] of how to solve quadratic equations. It's only the same standard required before they get a pilots hat, and still a few steps short of your oh-so-precisely-defined canard.
I can change words (and spell them correctly!), too, so what's your point?
Re:Patriot Act (Score:2)
That you have no clear understanding of jurisprudence.
Re:Patriot Act (Score:1)
Re:Patriot Act (Score:2)
Please google for "Magna Carta". Good day.
Re:Patriot Act (Score:2)
1.) By having a cell phone, which is on, you are broadcasting your approximate location to the cell towers anyway. The provider company needs to know where you are so it can route the incomming call to you. You cannot use the company to talk on your cell and at the same time hide your location. This makes the disclusure of your location a decision of the company. All 3 or 4 major w
Re:Patriot Act (Score:1)
In other words "your location" does not = "your property".
IANAL but have taken a fair amount of law classes as part of a pre-law degree. It's not that simple--law is all about balancing com
Re:Patriot Act (Score:1)
I must have missed the concession in the Magna Carta about cell phone tracking. I also missed any prece
Re:Patriot Act (Score:2)
It would seem I will have to spell this out.
Yes the police can "follow" people, but you'll find in all these cases they haven't actually "followed" anyone. They've obtained personal data on these people from a third party, namely the telcoms companies. You've suggested t
Re:USAPATRIOT Act (Score:1)
Re:Patriot Act (Score:3, Insightful)
three federal judges have denied prosecutors the right to get cellphone tracking information from wireless companies without first showing "probable cause" to believe that a crime has been or is being committed.
What have the other judges been doing? They just allow this kind of tracking for no reason, or what?
Cop: "Judge, we want to track these guys by their cell phone."
Judge: "Oh, have they committed a crime?"
Cop: "Well, no, not that I'm aware of."
Judge: "Ah. B
Re:Patriot Act (Score:1)
2) His comment seemed a lot less flamebaitish than yours.
3) Oh, I can't think of anything else.
GPS (Score:1)
How different is this from GPS? And is this a cheaper alternative that could be provided for cell phone users wanting GPS on their cell phones?
Re:GPS (Score:1)
Some cases it is (Score:1)
Do phone companies save that info? (Score:3, Interesting)
Re:Do phone companies save that info? (Score:1)
Re:Do phone companies save that info? (Score:3, Interesting)
True. Bear in mind that this kind of system proves where your phone was - not necessarily where you were.
I know of at least one case where positioning information from a mobile has helped to clear someone, that of Damilola Taylor [bbc.co.uk]. Four youngsters were accused of murdering an 11-year-old boy. A mobile belonging to one of the defendants was used two miles from the scene of the crime, seven minutes beforehand, and it seemed there was no way he could have covered the distance quickly enough. (It later transpir
Re:Do phone companies save that info? (Score:2)
And if it were, how easy would it be (legally) for this type of information to be used for civil cases? Why can I easily see a situation where someone is caught selling pirated DVDs at a flea market, and the MPAA subpoena's phone records of anyone who was in that area..
Re:Do phone companies save that info? (Score:1)
Do you have missed calls? Was the phone moving but not near the scene of the crime? If you talked to people on the phone, would they vouche for it.
We Need to Expand the Patriot Act, Then (Score:5, Funny)
*That'll* fix those Satanic, Evolution-loving, Commie Terrorists!
(/tongue in cheek)
There, I believe I've insulted enough Conservatives for one day. I'll go now.
Re:We Need to Expand the Patriot Act, Then (Score:1)
I took care of the communists horde for you during the 80's. You kids need to step up and take care of the terrorists.
OMG I feel so much safer now... (Score:3, Interesting)
In the last four months, three federal judges have denied prosecutors the right to get cellphone tracking information
So if I got this right, in recent years our rights were outright ignored, all this while in the name of the fight against terror even more legislation hindering our rights were regularly called for. And now I'm supposed to feel better because of THREE recents cases where judges actually did their jobs? Dunno, I don't have A.D.D, I'm lucid enough to see a situation of "three steps back, one step forward" when I see one.
Right on! (Score:1)
A choice I'm willing to take is to have our government protect out freedoms and I'll just take whatever comes from the terrorists. If our freedoms are going to be taken away, what's the point anymore?
Re:OMG I feel so much safer now... (Score:3, Informative)
With there being little to no evidence that this increase in legislation will actually do anything to make terrorism less likely. Maybe rights hindering legislation isn't the best way to address the issue in the first place, even if it is maybe it isn't the general public who should be having their rights hinde
What would Elmer say? (Score:4, Funny)
Re:What would Elmer say? (Score:2)
Be Vehwey Vehwey qwyit I'm twacking Celw phones. Hu huh huh huhhhhh
What's being tracked... (Score:5, Insightful)
'Cellular operators like Verizon Wireless and Cingular Wireless know, within about 300 yards, the location of their subscribers whenever a phone is turned on.'
They may be able to track the location of the telephone, or the SIM card,/b> but not the subscriber.
A different thing alltogether - if you think about it. This cannot be used to locate a suspect on a crime scene, only her phone.
Re:What's being tracked... (Score:1)
Re:What's being tracked... (Score:1)
Re:What's being tracked... (Score:1)
Remember those Star Trek episodes (TNG onward) where someone's trying to get off the ship or hide or something, and they leave their communicator on the ground, or in their quarters.
Funny how people say Star Trek's technology is becoming reality, when really, it's limitations are too.
Re:What's being tracked... (Score:1)
A different thing alltogether - if you think about it. This cannot be used to locate a suspect on a crime scene, only her phone.
Actually, it would be a phone. Just because it is the subscribers simcard doesn't necessarily make it her phone. :)
Not too ambiguous (Score:5, Insightful)
I don't see what everyone's worried about. They just want to track anyone who might be commiting a crime.
Re:Not too ambiguous (Score:2)
Re:Not too ambiguous (Score:3, Informative)
Basically (The following is for UK, ymmv), when you ring someone your phone negotiates with the network, establishes a voice channel to dial the number and *then* turns on your microphone so background noises don't interfere with dialing tones. When people ring you, your phone may turn the microphone on
Re:Not too ambiguous (Score:2)
when you ring someone your phone negotiates with the network, establishes a voice channel to dial the number and *then* turns on your microphone so background noises don't interfere with dialing tones
Why the hell would a digital cell phone standard use dialing tones to dial a number in this day and age? please tell me that gsm can say "connect to: 234-5678".
Re:Not too ambiguous (Score:2)
GSM is basically a stripped-down ISDN (D as in 'digital'). All handshaking is done digitally.
Re:Not too ambiguous (Score:2)
They have the right to do anything that we are unable to prevent them from doing - Catch 22.
Re:Not too ambiguous (Score:1)
Re:Not too ambiguous (Score:2)
However, you'd be surprised how many 911 (999 calls here in the UK) where someone will make an emergency call to say "haha stupid coppers, we're dealing drugs, and you can't get us". When mobile phone location tech gets good enough to determine the exact location.. I'd love to see the faces of the callers when
Search warrants? (Score:4, Interesting)
If I'm on an investigation and I need to know where somebody is located who might be committing a crime, or, worse, might have a hostage, real-time knowledge of where this person is could be a matter of life or death."
Let's pretend he doesn't have a phone. Don't you need probable cause to search through his belongings (home/work-place/car)? Tough luck mate. But you can't just screw people over in the name of national security. Well, at least you couldn't.....
corroborating their whereabouts with witness accounts
Well get probable cause. Sheeesh. Or ask the person to give the police permission to look at his phone record location.
or helping build a case for a wiretap on the phone
Wait, you want to be able to access someone's phone records willy-nilly, so you can build up a case to access their phone records even more? Am I the only one to think this is crazy?
And the government is not required to report publicly when it makes such requests.
Now that's scary. I can understand them wanting to keep it quiet at the time it's happening, but come on. A week, or at most a month, should be sufficient time to no longer be crucial, especially if you're using it to obtain a hostage or arrest them. The only reason to keep it secret indefinitely is so you can to pull the wool over people's eyes as you widdle away their civil liberties.
Prosecutors, while acknowledging that they have to get a court order before obtaining real-time cell-site data, argue that the relevant standard is found in a 1994 amendment to the 1986 Stored Communications Act, a law that governs some aspects of cellphone surveillance.
That's a joke. How could the congressmen in 1986 have any idea what sort of application and usage cell-phones would have 10 years in the future? They probably gave wide-powers to the police, because at the time, it wasn't possible (and perhaps not even thinkable) for them to use those powers. You can't blame them for not forseeing the future, and to claim they did and that the law should still be used is ridiculous. That's like claiming the right to bear arms in the constitution gives every citizen the right to have nuclear weapons. There was no way nuclear weapons were invisaged when America was formed.
The standard calls for the government to show "specific and articulable facts" that demonstrate that the records sought are "relevant and material to an ongoing investigation" - a standard lower than the probable-cause hurdle.
The language is very telling. "Oh it's just a necessity in our way. We don't need to worry about that." I believe perhaps the standard should be raised, especially with an opinion like that.
Prosecutors in the recent cases also unsuccessfully argued that the expanded police powers under the USA Patriot Act could be read as allowing cellphone tracking under a standard lower than probable cause.
God bless us. Every one. (Thankfully they have been unsuccessful, although is that 100% of the time? I don't think so.)
In the digital era, what's on the envelope and what's inside of it, "have absolutely blurred," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, a privacy advocacy group.
And so the prosecution predictably wants it to be treated as if it were all on the envelope.
And that makes it harder for courts to determine whether a certain digital surveillance method invokes Fourth Amendment protections against unreasonable searches.
Re:Search warrants? (Score:1)
Re:Search warrants? (Score:2)
(2) You do generally need probable cause to support a warrant.
(3) Some searches do not require even probable cause. Heck, some searches just happen with no suspicion at all.
Examples:
You can search a car if you have probable cause, but you don't need a warrant.
If you're impounding a car, you can search the whole thing, as long as you have a policy of doing so.
If you're conducting an administrative inspection (say of a Nuclear Power Plant), you don't need a
Re:Search warrants? (Score:2)
Only if a police officer stops you while you are driving. They also must show cause and cannot search any area of the vehicle that the driver does not have access to ( possibly the trunk ).
"If you're impounding a car, you can search the whole thing, as long as you have a policy of doing so."
If the police have an item in their posession they have the right to search it.
"If you're conducting an administrative inspection (say of a
Re:Search warrants? (Score:1)
Re:Search warrants? (Score:4, Informative)
http://faculty.ncwc.edu/toconnor/315/315lect06.ht
Big Brother law coming to Europe next week... (Score:5, Interesting)
The "Data Retention Directive" proposes tracking all mobile phone and Internet usage, and storing this for 2 years, and (worst) making it available to police and other parties (possibly commercial ones), without much regard to existing privacy laws.
There is an FFII press release on this subject: http://wiki.ffii.de/DataRetPr051205En [wiki.ffii.de].
The FFII and EDRI are fighting this in the Parliament, but the directive has been shoved through very brutally by the Council, led by the UK. Basically the bureaucrats of the Commission, unhindered by any European Constitution, are creating laws by stealth, and this Big Brother directive is symptomatic of a take over of the national legislative processes by an group of unelected, unaccountable officials.
The UK Presidency had proposed a very brutal law, which went as far as requiring the logging of the MAC address of every computer connected to the Internet (yes, that blew me away too), and using the Good Cop/ Bad Cop approach, bullied the Parliament into accepting a "compromise" agreement that dropped all the references to terrorism, and added a bunch of waffle about human rights, but basically creates a pan-European database of every cellphone call, and every Internet communication. I've not yet had time to see whether TCP/IP end-points are also logged, but the original proposals definitely requested this.
Europe is rapidly turning into a police state that makes the US look like a haven of freedom and civil rights. The rejection of the European Constitution by the French and Dutch voters, though a nicely symbolic act, have left a power vacuum into which the grey bureaucrats of the Commission have stepped.
Ok, but what about getting info from other sources (Score:3, Interesting)
Even if legislation is written up that specifically prevents govt. and police from obtaining this type of info from the *cellular companies* without a warrant, would the same apply if they wanted it from a private business?
Re:Ok, but what about getting info from other sour (Score:2)
Even if legislation is written up that specifically prevents govt. and police from obtaining this type of info from the *cellular companies* without a warrant, would the same apply if they wanted it from a private business?
While somewhat of a grey area, yes, they can. That's an important point. The police are always free to ASK nicely for any information they want as long as the person they ask doesn't have to commit a crime in order to answer them. They are even free to ask the suspect (and there are a
Its not just cellular phones (Score:4, Insightful)
There will be those that learn to foil such tracking attempts, and so, in the end, the only people that can't be tracked are the people that should be.... which again means lots of money spent for little or no value... EXCEPT that Google and others will take advantage of that and offer us services and goods for free if we listen to the location based advertising. Yes, as you drive past the McD's your cell phone will ring with an SMS messsage containing a 15 percent off coupon for a happy meal if you buy in the next 11 minutes.
That is the reason that location tracking will continue to grow... not because of the police.
That Pesky probable cause. (Score:2)
Get priorities right. (Score:4, Informative)
Starting with very dubious electronic voting machines and who you vote as leaders.
Once you get too many of the wrong people in power, they can change all that stuff very quickly. Look at the Patriot Act, and all the recent crappy laws with dangerous long term consequences.
If citizens keep sticking their heads in the sand (or erm troughs of junk food?), the leaders can basically do what they want with impunity.
Even if you don't allow tracking now, Mr Evil Dictator can always turn it back on, once he's in power.
So the main thing is to never allow Mr Evil Dictator a chance to get power in the first place.
It is quite scary and sad that history has proven that many people will actually be willing to listen to some evil person and give him the power. These people will willingly kill anybody - even their relatives or parents/children just because "it's their job" or the supreme leader told them to.
Re:Get priorities right. (Score:2)
However one can debate if its really a farce at this stage of the game, now that the patriot act pretty much did away with it in cases of 'national security'. ( whatever that means )
Already commercially available, I use it (Score:2)
Who cares if it is agianst the constitution? (Score:1)
GOP leaders told Bush that his hardcore push to renew the more onerous provisions of the act could further alienate conservatives still mad at the President from his botched attempt to nominate White House Counsel Harriet Miers to the Supreme Court. [capitolhillblue.com]
"I don't give a goddamn," Bush retorted. "I'm the President and the Commander-in-Chief. Do it my way."
"Mr. President," one aide in the meeting said. "There is a valid case that the provisions in this law undermine the Constitution."
"Stop throwing the C
More Like 300 Inches (Score:2, Informative)
Re:More Like 300 Inches (Score:1)
Only valid use I can think of... (Score:1)
Re:Only valid use I can think of... (Score:1)
Personal Tracking Requirement (Score:1, Insightful)
I would love to be able to track the location of my 15 year old daughter's cell phone. She is bipolar and chemical dependent. We can not keep an eye on her 24 hours a day and occassionally she simply disappears. Yes, we are trying to get her into a residential treatment program, but finding something that deals with her problems (dual diagnosis) and is covered by our insurance is proving difficult. If I had unlimited funds I would place her in the best place p
What is really disturbing (Score:2)
For a fee of from $65 to $110, depending on the service requrested, they will give you the name and address of who owns a particular cell phone, the cell phone(s) owned by any particular person, or the telephone numbers called from any particular cell phone.
What they actually know is... (Score:2)
If only CTU used this technology! (Score:2, Funny)
Man, the technobabble in that show annoys me !
lol i'm not tracking you (Score:1)
lol i'm not tracking you
I feel safer... (Score:1)
For example, a girl in my halls, she was standing outside talking on her phone, three guys came along, hit her in the face, stole the phone. The police turned up literally 5 mins after we called them. They said they could drive around and see if they could see them. We called her p
Re:Shock! (Score:4, Insightful)
My father once told me, "Every time the police want a new power, you have to drag them over the coals, make them justify it to us. Otherwise they just get lazy and we all suffer for it."
Re:Shock! (Score:2)