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GPS-Enabled Criminals In Massachusetts

Fun at LinuxWorld writes "Following on the heels of California's plan to put GPS receivers in cars, Massachusetts wants to fit criminals who violation restraining orders with GPS devices. Wearing the device would be a condition of probation (meaning you can refuse, but then you get to serve your time in jail), and fines and punishments would be imposed if the person entered "restricted zones" (under the terms of the restraining order). With all the reports of GPS being used to restrict the rights of innocent people, is this any better? Will it fix the problem?"

37 of 565 comments (clear)

  1. Appropriate use by BWJones · · Score: 5, Insightful

    While I did not approve of the use of GPS in the previous discussion, in this case (when one choses to break the law), it is appropriate. Already there is precedence within the law for restriction or elimination of certain personal freedoms and rights, especially if felonies have been committed. Felons are not allowed to own guns I believe as well as give up the right to vote. Especially given the violent nature behind many restraining order allocations, this is a good implementation of GPS tracking technology. Already there are incredible difficulties with the victims of violent crimes proving that the subject of the restraining order has violated those agreements. This technology will help buttress victims claims of restraining order violation and perhaps prevent further violent actions.

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    1. Re:Appropriate use by nocomment · · Score: 4, Insightful

      I don't care for the GPS to track how much you should pay in taxes (uhm you do that at the gas pump, you drive more, you buy more gas, your car pollutes more by burning more? you pay more). In this instance I don't believe that tracking cons is really a violation of anyones rights.

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    2. Re:Appropriate use by serutan · · Score: 5, Insightful

      I agree with parent. Various house-arrest devices have been in use for many years. They are essentially lower-tech gadgets that detect when the wearer strays too far from a second gizmo attached to their house or whatever. GPS would give judges a lot more latitude in specifying the terms of probation. Example -- allow the person to travel to work and the local shopping area but nowhere else.

    3. Re:Appropriate use by dreamchaser · · Score: 4, Informative

      They are talking about people who violate restraining orders here. The vast majority of those cases involve domsetic violence. You're arguement might be appropriate in another discussion, but it's a bit off topic for this one.

    4. Re:Appropriate use by Tassach · · Score: 5, Insightful
      Indeed. The Constitution says that no one shall "be deprived of life, liberty, or property, without due process of law". If you've been duly convicted by a court of law, that IS due process.

      When you start subjecting the entire population to the same kind of treatment you've got a MAJOR due process violation.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    5. Re:Appropriate use by kdark1701 · · Score: 5, Interesting

      I'm not sure how it is in Massechuses (sp?), but here in Michigan, one can get a restraining order with no proof. The accused can get the order revoked, but its a pain in the ass. More often than not, it degenerates into a "his word against hers" type of case.

    6. Re:Appropriate use by n1ywb · · Score: 5, Insightful
      Word up. People who break restraining orders are usualy one or two steps from commiting a violent crime.

      As for felons not being allowed to posses guns or vote, that varies by state, and is of questionable constitutionality.

      --
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    7. Re:Appropriate use by networkBoy · · Score: 5, Insightful

      "I don't believe that tracking cons is really a violation of anyones rights."
      More important, is upon commission of a crime you are knowingly risking loss of several of your rights (privacy being a big one).
      This is a perfect use, so long as glitches don't cause too much greif.
      -nB

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    8. Re:Appropriate use by segmond · · Score: 3, Insightful

      Are you sure? Soon, someone will show research that a lot of prisoners commit crime after they are done being tracked by the GPS technology and a law will be passed that you wear one for the rest of your life if you commit a crime. They will argue that it's more humane than prison and enforces you to stay out of crime. Then the only thing left is to put it on everyone. After all, if we can track everyone and crime should drop by 500% across all boards, why shouldn't we?

      --
      ------ Curiosity killed the cat. {satisfaction brought it back | it didn't die ignorant | lack of it is killing mankind
    9. Re:Appropriate use by n1ywb · · Score: 5, Interesting

      You'll note the devices would be for people who have already violated the restraining order. Restraining orders are easy to get in most states, they're also easy for the defendant to not violate them. Don't screw up, don't get a tracking device. Simple.

      --
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      www.n1ywb.com
    10. Re:Appropriate use by Your+Pal+Dave · · Score: 5, Funny
      GPS would give judges a lot more latitude in specifying the terms of probation.
      Longitude too!
    11. Re:Appropriate use by jedidiah · · Score: 3, Informative

      Or be abused by a vindictive spouse during a messy divorce.

      Restraining orders really are much more trivial to get than some of you people realize.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    12. Re:Appropriate use by biglig2 · · Score: 5, Insightful

      No it's not. History teaches us that when you give a law enforcement agency powers, they use those powers. The FBI have used the PATRIOT act against people who are clearly not terrorists.

      This is the founding priciple of the US: to give the state as little power as possible. Do you want to end up like us poor sods in the UK, where the constitution gets changed on the whim of Tony Blair?

      Me, I think it is fine to attach tracking devices to convicted felons, although I'd rather prefer putting them in prison. But be under no illusions that this will just be used on wife-beaters. They'll put these things on file-sharers, Linux users and other communists given half a chance.

      --
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    13. Re:Appropriate use by ACNiel · · Score: 4, Insightful

      Actually the founding principle was to give the federal government as little power as possiible. The constitution was setup to control the federal government, so they didn't trod on peoples and/or states rights.

      That has been corrupted beyond belief.

      And it is a lack of understanding that you demonstrate that is the root cause. Too many times people say "Of course they can do that, they are the federal government," when is simply isn't the case. The federal government just starts doing something, and most people just fall in line.

    14. Re:Appropriate use by anthony_dipierro · · Score: 3, Informative

      So, because someone uses a tool to do something wrong, we should not use that tool?

      I have said no such thing.

      Also, your link has nothing to do with "restrain(ing) free speech. You drank the Kool-aid on that one. Restricting people from trespassing is not a restriciton of free speech, but rather an affirmation of property rights.

      Trespassing? This had nothing to do with private property. He wasn't allowed within 150 feet of Rockefeller center. That includes much public property and a church.

      In the article you link to, he admits trespassing when he says "I went to his home and office" presumably without permission.

      You don't need permission to go to someone's home and office. He left when he was asked to leave.

      That's illegal

      Please cite the law which says that a journalist can't go to someone's house, knock on his door, and speak to his maidservant.

      and has nothing to do with free speech, freedom of the press, or any other part of the 1st.

      He's a journalist preparing a public interest piece, and because Rennert didn't want him to make his story public he lied to a judge and got him to hinder his production. That's most certainly a violation of the first amendment.

      More importantly, it's a perfectly good reason to get a restraining order.

      Apparently the mayor of New York City, a Republican who doesn't like Moore in any way, disagreed with you. If Moore was trespassing, maybe that's a reason to get a restraining order for him not to enter Rennert's private property (really all you need is a trespass notice). It wouldn't be a reason to keep Moore 150 feet away from Rennert's private property, and it doesn't matter because Moore wasn't breaking any laws in the first place.

    15. Re:Appropriate use by 99BottlesOfBeerInMyF · · Score: 3, Insightful

      Yes, that's what we should do! We should legalize something just because people are getting in trouble for it!

      If a significant portion of people are doing something, then we need to either accept that, or figure out why they are doing it and provide an alternative. Have you ever heard of prohibition? It was repealed for exactly the same reasons that the prohibition on drugs should be repealed. Right now we have huge amounts of organized crime, addiction, secrecy, and violence all based around illegal drugs. Drugs which, by themselves, hurt no one except perhaps the person using them. The prohibition on drugs causes more problems than the drugs. Just take a look at a reasonably progressive country. Most all of them treat drugs as a medical problem. You're an addict, OK we'll get you in a program and the health system will give you something to help. Contrast this with the U.S. where we throw them in jail unless they are rich (then they go into a program).

      The government is supposed to be by the people and for the people. Well, the people obviously want drugs. If not for government sponsored propaganda campaigns, they would never have been made illegal in the first place. Maybe if a huge number of people are breaking the law, there is something wrong with the law, not the people. Hell, Both Bush and Clinton have admitted to doing drugs. The thing is, the laws are not applied equally, the poor, and the dark skinned get locked up, and tracked. Rich white politicians don't. GPS tracking devices will allow this to go on much longer.

  2. must proofreader by Anonymous Coward · · Score: 5, Funny

    "...criminals who violation restraining orders..."

    Hmm, the editors are great at proofreader articles.

  3. Shows you what the CA gov't thinks of its citizens by rsborg · · Score: 4, Insightful

    ... namely that we should be treated like criminals? eh, I gotta talk to my state senator about this.

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  4. just put them in our skulls when we're born by bdbafh · · Score: 3, Interesting

    and turn them on as the authorities see fit ... no court order required. time to go look at EFF and EPIC sites again. maybe this time I'll actually donate like I've meant to before ...

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    1. Re:just put them in our skulls when we're born by Anonym0us+Cow+Herd · · Score: 3, Funny

      I don't think that current technology makes it practical. Unfortunantly, we need at least one more generation of hardware improvements before the universal multi-purpose brian implant can become a reality.

      Not only is GPS tracking needed, but also real time transmit-receive capability. It is not possible to put the entire database of copyright works into your implant. Therefore, when you see or hear something, your implant can communicate with a central RIAA/MPAA database in real time, determine who owns the copyright, and then appropriately charge your credit card for what you have just seen or heard.

      It is even less technically feasible, at present, to determine whether you are thinking subversive thoughts which lie outside the scope of consuming content or doing productive work for your employer.

      Also somewhat infeasible is for the implant to determine or be remotely directed that it is necessary to administer needed medications into your system. (Need being determine by the implant firmware, or by remote command.)

      Improvements in processing power will be needed for various a/v decoders if we wish to convert all content to be DRM encoded almost all the way to the brain.

      I'm sure others here can think of other current technical limitations that mean we will have to be patient and wait for the next generation of brain implant toys.

      Even further out, more sci-fi, would be not only to monitor thoughts, but also to interact with thoughts. Your implent could make it possible for people of the right social standing to be able to have virtual conferences. For mere workers, it would be possible to put up virtual walls that one would be unable to walk through.

      Think of the applications and imagine the tremendous benefits. Think of how much safer this wonderful technology could keep all of us. It would protect our corporations from the scourge of piracy. It would save all of us from the unpleasantness of people who express dissenting views.

      --
      The price of freedom is eternal litigation.
  5. Restricted Zones by Paul+Slocum · · Score: 5, Funny

    So the collars explode when you enter a restricted zone?

  6. And the difference is..... by LordPhantom · · Score: 4, Insightful

    There is an inherent difference between forcing -everyone- to have a tracking device and applying this new technology to already current methods (radio leg collars, etc) employed in the case of someone breaking the law. Making enforcement of restraining orders possible to this level is a Good Thing(tm) in my book.

  7. Re:Idea by tyresyas · · Score: 4, Insightful

    Frankly, I don't want the police having the ability to track my car at will, especially given the new freedoms under the Patriot Act to surveil poeple without a warrant under certain circumstances. If you want to do that, that's fine, but making it mandatory in cars is extreme, and I doubt I'm the only person that doesn't have complete faith in the authorities to use it only for my protection.

  8. Re:Idea by Ironsides · · Score: 3, Informative

    It's called low-jack and onstar. They already do this. The problem with making it mandatory is that people do not want the police to be able to find the car unless the victim so chooses. With low-jack and onstar, the victim has to give the permision for low-jack and onstar to tell the police where the car is. With it in by default, the police may not need anything in order to track you, and it may be made illegal to disable it in your own car (insert big brother concerns here). Additionally, making it mandatory would probably increase the cost by several hundred dollars (not a small amount, even on a 20K car). For now, it remains an accessory or luxury item.

    --
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  9. one small one by way2trivial · · Score: 3, Informative
    oftentimes probation is used as a tool,
    the timeframe on probation can exceed the remaining time on sentance...

    choice 1- get out in 5 years, choice 2- get out now-but have 15 years probation.

    in some rare cases, time served+ probation can exceed maximum penalty time serverd-for an offense....

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  10. "A" by unsigned+integer · · Score: 3, Insightful
    Let's stick a red fucking "A" on their foreheard too, while we're at it.

    Or maybe a nice GPS "collar" device that occasionally blurts out "Shun me!".

  11. If this is bad, then the outrage is years overdue by Chairboy · · Score: 4, Interesting

    For decades, we have accepted the idea of criminals having ankle bracelets that trigger an alarm if the person leaves the area of their home.

    It sounds like using GPS is just a natural extension of this technology that allows them to be more productive, increase safety to those around them until they've proven themselves, and reduce costs by allowing more non-violent offenders a chance to rehabillitate without being as big a burden to the taxpayer (eg, in prison).

    If we're really outraged about the use of GPS to track the same folks that would have had a radio-locater alarm bracelet before, then I ASSUME that everyone was just as upset about the pre-existing technology.

    Right?

    GPS is a tool, and it can be used for good or bad. The same is true for Nuclear Power. There are many in our society that vehemently oppose anything with 'nuclear' or 'atomic' in the name because they have an objection that's more religious then practical. The same is increasingly true with GPS. The funny thing is, many of the people on slashdot who scoff at the anti-nuclear extremists turn around and apply the same standard of evidence to the evils of GPS that their anti-nuke opponents do to atomic energy.

  12. Re:Some thoughts by garcia · · Score: 3, Informative

    Now, if you fundamentally disagree with the criminal justice system or "the Man" in general, then you'll likely disagree with this just for the sake of it.

    Two days in a row of trolling from you. All your posts are the same crap rehashed. You propose a trollish question (calling slashdotters "latent luddites in the normally pro-tech slashdot community") and then you give some stupid opinion under the guise of you standing back and having nothing to do w/the argument that will ensue.

    In the future state and opinion or a fact. Do not state your boring and open-ended questions that are only there for the amusement you apparently receive out of watching people state their case while you get modded up over asking people to answer your questions more than once.

  13. It's not really needed by Anita+Coney · · Score: 4, Insightful

    I work in a court and deal with defendants on probation on a regular basis. This device simply is not needed.

    First, the vast majority of people on probation to not run away.

    Second, the ones who do stop reporting are almost always found at home.

    Third, the few remaining get found, at most, a few years later.

    And the fourth reason is the most important. Anyone who was going to run would simply remove the device and run. The entire purpose of electronic tether is to let people out of jail who are NOT a threat to society who will almost certainly NOT run. These are people with hardly any criminal records and who have good jobs.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:It's not really needed by ZX-3 · · Score: 4, Insightful

      I was awarded a civil protection order (what my district calls a domestic violence restraining order) in an adjudicated hearing.

      The order has been violated numerous times, but it has been extremely difficult to prosecute these acts of contempt of court, because the respondent can almost never be caught in the act.

      Example: Respondent repeatedly drives past my home. If I call the cops, she is gone before they arrive, and if they do catch her, she can claim it was only that one time, and merely a coincidence.

      I cannot comment on the utility of tracking probation violators, but I can say for sure that GPS tracking would help immensely in curbing restraining order violations.

  14. Not just Appropriate use by temojen · · Score: 4, Insightful

    In addition to not seeing any problem with this, I see it as a great good for society. Keeping lesser criminals out of jails could save a lot of public money, and reduce the chances that they'll become "hardened" criminals.

  15. Re:Yes! by iabervon · · Score: 3, Insightful

    For that matter, if government-issued GPS devices get associated in the public's mind with convicted criminals, people will be less willing to accept them in other situations. "A device that tracks my kids" is a lot more teampting for parents than "a device that tracks my kids, just like sex offenders have to wear".

  16. Until the GPS signal is intercepted by chris_mahan · · Score: 3

    At Starbucks, two kids with a laptop.

    Jim:
    "Hey Frank, check this out, I just got a signal tracker ping!"

    Frank:
    "Woah, cool, check it out..."

    Jim: tap tap tap
    "Look at this man, it's a felon tracker from the Department of Corrections probation department."

    Frank:
    "Freaky!!!"

    Jim:
    "Based on signal strength, it's, oh, 12 feet from us... "

    Frank:
    "Dang! it must be that guy over there putting sugar in his latte."

    Jim, louder than before:
    "Hey, that guy's a felon on probation"

    Stares from all corners of the store meet the man's, and bedlam ensues.

    No thanks! Anyone remembers the Scarlet Letter? Is this the kind of America our forefathers died creating and defending?

    --

    "Piter, too, is dead."

  17. Can I buy one of these new GPS devices.... by WareW01f · · Score: 4, Insightful

    They must get a lot better coverage than mine. It always craps out inside my house, any store, and downtown with buildings higher than 5 stories.

    Seriously. If you're "tracking" someone, they can fall off the map for quite a while before they show up again, and for very legitimate reasons. I don't see how this is reliable enough to trust.

    Better to test them on the criminals I guess. Makes you wonder how many different devices you're going to have once you're a ex-con driving in California with your GPS taxed car on that nifty pay-as-you go GPS insurance scheme.

  18. What happens when everyone has jammers? by FreeUser · · Score: 4, Interesting

    Right now there is little motivation for jamming GPS signals. The occasional terrorist, or the army, might decide to interfere with the signal, but otherwise I suspect there haven't been too many buyers of the GPS jamming system that was being marketed in Russia a few years ago.

    That could all change.

    Certainly by tracking citizens in their cars with GPS (ostensibly for taxation purposes, but anyone with any technical knowhow knows you can read an odometer for tax purposes ... the only reason to use GPS is to know where people are whenever one wants) or by tracking parollees with GPS, we've just given a large population of people a really big incentive to jam GPS signals.

    As a pilot who uses GPL in both IFR and VFR flight, this worries me. Not because I can't fly without it (I can, and have the equipment to do so, though it certainly adds to the workload), but because I may be in the middle of a busy procedure when some jackass decides to jam the signal so he can see his girlfriend in the "forbidden zone", and the odds of losing my signal have just gone up by orders of magnitude thanks to a (perhaps well meaning, but certainly) intrusive big-brother application of the same technology.

    I don't argue that tracking convicted criminals with GPS is a legitimate idea. I do argue, however, that it isn't a very good idea, and the unintended consiquences are worrisome.

    OBTW - Technically, when one pays a speeding fine, one is "convicted" of the "crime" of "speeding." Does that make GPS monitoring of their car for all future driving a legitimate idea. How many people are going to start jamming the signal simply as a matter of asserting their privacy, and screwing up boat/air navigation at the same time?

    This is a boneheaded idea, even if the intention is good.

    --
    The Future of Human Evolution: Autonomy
  19. Reluctantly agreed. by pavon · · Score: 4, Interesting

    In high school there was a classmate of mine that was on probation, or parole or something and he had to wear some type of tracking device around their ankle. At the time I was absolutely appalled by it as all he was charged with was non-violent drug offenses. Why was our government tracking this kid who was not a danger to anybody?

    I think that this could be a very useful and progressive technology, provided that the punishment fit the crime. I have been growing increasingly skeptical of the prison system. I really don't think that it provides much deterrence, rehabilitation or punishment that couldn't be provided in some other manner. People who are only hurting themselves should not be criminals at all. Liquidation and seizure of all assets, combined with forced labor (say weekly) would be a much more effective deterrent / punishment for white collar crimes than a prison sentence. The only thing that prison should be reserved for are violent offenders who simply must be removed from society. However, violent offenses vary in severity, and people should be given second chances. I think that this could be very useful in providing a more effective half way step between prison and complete freedom.

    On the other hand, every year in this country, penalties for crimes go up. It used to be that there were laws that had been around for generations, and being tough on crime meant punishing people when they broke those laws. When done, the public agreed that justice was served, and that was that. Now every time any big crime hits the news these paranoid soccer moms pop up screaming for harsher punishment. And the politicians happily comply so they look like they are "hard on crime". You can't keep doing this forever - at some point you have to decide that the punishment is right for the crime and leave it!

    So yeah, this is definitely a valid tool for law enforcement. However, like any tool it can be used or misused, and I am very reluctant to give law enforcement new tools as long as our political environment is tolerant, encouraging and even demanding of their misuse.

  20. Definition of a "police state". by Ungrounded+Lightning · · Score: 3, Interesting
    If you are on probation it means a jury or judge has found you GUILTY of a crime.

    Back in the '20s, alcohol prohibition was an attempt to impose one group's idea of morality on the whole population by law. It was unenforcable (at the time). The attempt to impose it funded the rise of organized crime (and also drove the rise of the BATF, which waged a shooting war on the law-scoffing citizens).

    Eventually the government threw in the towel. (And one of the crime kingpins and his children, funded by their laundered money, became major powers in the government. He became an ambassador. One son became president and another his attorney general. A third is a senator and a major figure in his party to this day.)

    The government immediately turned around and did the same thing by banning some potentially recreational drugs - starting with two that were popular among a relatively small underclass. Thirty years and a civil-rights movement later the drugs in question were popular among the bulk of a generation. The government's bogus pronouncements about the dangers of THOSE drugs led the citizens to distrust their warnings about ALL drugs and experiment with many others, leading to more bans and tighter enforcement.

    The perceived success of "civil disobedience" and "passive resistance" in the cases of alcohol prohibition, civil rights, and oppositon to the Vietnam engagement, led to their use against the unpopular drug bans, as well. The opposition thought massive civil disobedience would overload the police, court, and jail systems, again leading the government to throw in the towel.

    But this time the popularity of the banned substances wasn't cross-generational. There was an age gap. The users and their supporters were almost entirely young, while the government was in the hands of their elders (who perceived it as a youth-corrupting evil). So the government did NOT throw in the towel, but pushed harder. By the time the youth (or at least those who had avoided jail) began to achieve positions of power the "drug war" was institutionalized. (And with "bipartisan" support how do you vote against it?)

    The overloading of the criminal justice system appeared. But the government worked around it:

    The system of plea bargaining was established, slashing the load on the courts.

    Drug offenses were prioritized for jail time, producing jail overcrowding, which was "solved" by shortening sentences. But with the mandatory minimums for drug offenses it was the "real" criminals - thieves, burglars, muggers, rapists, murderers - who got out progressively earlier, leading to description of the justice system as a "revolving door".

    RICO allowed the siezure of the assets, not just of those CONVICTED, but of those ACCUSED, or even randomly when assets were found. This made the "drug war" self-funding (on the same model as the Spanish Inqisition) and created an incentive for police to ignore "real" crime and go after drug offenses.

    A major reason alcohol prohibition was unenforcable was the difficulty of "mining" files for information. But the rise of the drug war occurred during the rise and cost reduction of automated information and surveilance technology, eliminating this impediment.

    In a series of positive feedback loops both drug-related and non-drug-related crime have escalated to where the US is the country with the highest percentage of its population in prison or otherwise under government control due to conviction for "crimes".

    Meanwhile the government culture now refuses to "throw in the towel" on any failed law. Congress continues to pass more laws, banning more things - some of which are quite as unpopular with the current generations as drug bans were with The Boomers. Cryptography, whistle-blowing, fair use, and reverse engineering (to name just four) are all being criminalized, in the classic salami-slice approach. Meanwhile the drug-law forged legal tools are being

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