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US Justice Dept. Sued For Cellular Tracking Information
tpaudio writes "The ACLU and the EFF are suing the Department of Justice over how the government might be using GPS and location data from cell phones. With over 200 million Americans carrying cell phones, this could be pretty important for setting guidelines. We have already seen other frightening powers related to cell phones, such as 'cell mic tapping.'"
The ACLU press release is also available, and it contains links to the complaint and the Freedom of Information Act request. We've previously discussed instances of cell phone tracking in the US and elsewhere.
There already is a website dedicated to tracking spouses. http://www.sat-gps-locate.com/english/index.html
Open source really isn't a solution. (Not that I don't want a fully open source cell-phone.) So long as the shut down procedure is implemented in software, someone at the FBI can find a way around it.
What we need to do is go back to the days when the off switch was a switch that broke the circuit connecting the power supply to the devices. That way, you shut it off, and it is off.
An even better solution (since I don't really trust it to be off unless I can see the circuits are inoperable) is a phone with two interlocking pieces, one of which contains the CPU, one of which contains the battery. It would need a simple mechanism to invert one of the pieces, a foolproof way of ensuring the machine cannot activate.
With regards to the story about the mafia being listened into with their cell phones and as also noted in the original affidavit related to the case: the cell phones were altered, i.e they were bugged: they were not dealing with off the shelf goods. The interesting part of the story was how they managed to obtain these mobile phones for alteration/switching. Bugging a device that already has the necessary parts to transmit audio is pretty unexciting.
That somewhere in the Justice Dept. there's someone throwing a temper tantrum because someone took away their totally illegal advantage?
"Court decisions indicate that USAOs claim not to need probable cause to obtain real-time tracking information. News reports further suggest that some field offices are violating a Department of Justice 'internal recomendation' that 'federal procecutors seek warrants based on probable cause to obtain precise location data in private areas.'"
Don't make us get probable cause! Probable cause is for losers! And put the bumpers back into my bowling lanes!
I love it when my rights are seen as an inconvenience. (Though it's nice that someone has RECOMMENDED that probable cause be found.)
Seriously, they're law enforcement: finding probable cause IS THEIR JOB.
This is exactly why we need phones with open firmwares running fully-published and open peer-reviewed code. I hope the openmoko comes close.
Actually, the article that /. originally posted on this specifically referred to remote software installation that did NOT require hands-on phone snatching shenanigans.
Worse than all the privacy implications, this is making Enemy of the State look plausible.
--
billeater - lower my bills
You don't need GPS to locate the phone. The phone continually handshakes with multiple cells to support handoff between cells, and the phone company can use that information to locate and track you.
Phones based on OpenMoko might be a lot harder to bug using the built-in mic (without the user knowing it), but this story is about location data.
Where your phone is at, is already tracked as a normal function of the cellphone network, because the network needs to determine what cell tower(s) your calls are routed through. So any time your phone is ready to make or receive calls, your provider knows where it is.
It's safe to assume that some (or all) of that data is recorded somehow. In the European Union, there's a EU-wide directive that would require such location data to be kept for at least a year or so. AFAIK that's already been passed despite protests from many sides, and now in the process of implementation in national laws. That is, where implementation isn't blocked by national governments, legal or technical problems. And there have been some high-profile court cases already, where cellphone location data was at stake.
The story is about how that location data could be used. How long is it kept? Who has access to it? Do you need a court order to get access? If so, on what grounds should it be granted? Is there any supervision? What other uses are there? What control (as a consumer) do you have over use of your cellphone location data?
Interesting questions - I can't say I know any clear answers for where I live. I guess that location data is recorded, may be kept for a loooong time, and that mis-use is possible by parties who have no right snooping in there. Like criminals, shady business, or government/law enforcement that may or may not honour applicable laws. If you don't like that, then: a) don't carry a cellphone, or b) pull out the battery when you're not calling.
with the cellphone turned off. Witness the long times that phones take to turn on / reboot the uP, and you know that nothing is going on inside there unless someone physically gets a hold of your phone and installs some electronics in it. But working in the handset industry for years I can tell you there is not enough room in the phones for anything extra, no matter how compact.
To give him karma points? He's pretty new and far as I know, Funny doesn't get karma, so they may have been trying to be nice.
Or the joke was insightful? The site looks pretty real, and it's totally not far fetched to believe that somebody's already implemented this for profit. Hell, there are plenty of sites that track spouses, invade their privacy, etc. I've heard of people installing key loggers to get into their spouses emails. Lots of people seem really quick to throw away all their ideals about privacy when they think someone is screwing around on 'em.
open source modern art: laser taggi
Of course they can. The cell phone, when turned "off" is still operating. How else do you think it determines that you want to turn it on? It needs to figure out that you have held the button for a specific period of time (the same button normally used to disconnect a call when "on" .) Do you think it accomplishes this without the power? The cell phone is always powered even when "off" . Even if the CPU wasn't powered at all times, which it is, you are assuming that the IC that sends and recieves the analog signals to and from the cell are not operational, which is also a bogus assumption.
... and a few points to keep the clueless from responding to quickly, as they are wont to do:
Just a note to the people who read this line and assumed it was a reasonable voucher of credential:
Working in the health industry for years does not qualify one to perform brain surgery. Working as a surgeon for years still may not do so. No offense intended to to LM741N (which ironically is an analog op-amp IC IIRC), but you are severiously misinformed.
Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun