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Feds Push For Warrantless Cell Phone Tracking

An anonymous reader writes "An article at CNET is reporting on the Obama administration's push for warrantless tracking of the location of cell phones (Verizon Wireless stores location data for one year, for instance). The Justice Department says no warrant is necessary: 'Because wireless carriers regularly generate and retain the records at issue, and because these records provide only a very general indication of a user's whereabouts at certain times in the past, the requested cell-site records do not implicate a Fourth Amendment privacy interest.'"

400 comments

  1. Yeah, that's ok.... by bsDaemon · · Score: 2, Interesting

    I guess I didn't really need a cell phone anyway.

    1. Re:Yeah, that's ok.... by that+this+is+not+und · · Score: 1

      I have a cell phone. It's a Tracfone and it sits on my desk at home.

      We use it when we go out of town on trips sometimes.

    2. Re:Yeah, that's ok.... by Anonymous Coward · · Score: 0

      My thoughts exactly. Push to boycott and wireless providers that require and billing address. This is fucking insane to think it doesn't violate the 4th amendment. If this doesn't, then neither does watching your every move inside your home because there is heath movement sensor technology to do it well. Same argument, really.
      The PATRIOT act was somewhat acceptable, because it's use was limited to foreign intelligence gathering (that happens to pass through USA wires), AND NOT TO FUCKING SPY ON OUR OWN CITIZENS! Fucking communist Obama is what this says to me.

  2. Well, in fairness by drDugan · · Score: 4, Funny

    If you don't want anyone to know where you are, you shouldn't go there.

    [[/TROLL]]

    1. Re:Well, in fairness by Captain+Splendid · · Score: 2, Insightful

      [[/TROLL]]

      Don't be a wuss. Take your moderation like a man, even if you were joking.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    2. Re:Well, in fairness by venom85 · · Score: 5, Insightful

      So then I assume you also would say that if I have nothing to hide, I shouldn't mind the police tearing my house apart looking for something that may or may not be there? If I have nothing to hide, I shouldn't mind being searched every time I enter or leave a building? I shouldn't mind being spied on at all times during my daily life? That's all ridiculous. Just because I don't want the Feds to know where I am every waking second doesn't mean I'm doing anything wrong. I just like my privacy, and they're interfering with that. It's not like it's anything new in this country (USA), but it's still wrong. Plain and simple.

    3. Re:Well, in fairness by drDugan · · Score: 5, Insightful

      This argument, while never voiced due to its absurdity seems the most common rationale for removing privacy protections.

      The comment not a joke at all. It was satire of the recent Google CEO comment: If you have something that you dont want anyone to know, maybe you shouldn't be doing it in the first place, said Schmidt. You know, kind of like calling a failed politician, "Fucking Retarded" (you're brilliant, Stephen). See? Satire.

    4. Re:Well, in fairness by Locke2005 · · Score: 5, Insightful

      Seeing as how the feds are not above blackmail, e.g. "Help us nail this guy or we'll tell your wife where you were last Saturday," I'd have to agree with you. The reason we require warrants is to attempt to prevent abuses of authority.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    5. Re:Well, in fairness by teeloo · · Score: 1

      ...or at least switch the phone off for god's sake.

    6. Re:Well, in fairness by Anonymous Coward · · Score: 1, Funny

      Wow, the guy even said "[[/TROLL]]" at the end and he still caught someone.

    7. Re:Well, in fairness by CorporateSuit · · Score: 1

      Yeah, who needs their cellphone when they're on the go?

      --
      I am the richest astronaut ever to win the superbowl.
    8. Re:Well, in fairness by EaglemanBSA · · Score: 1

      http://www.asofterworld.com/index.php?id=465

      'If I have nothing to hide, then DON'T SEARCH ME'

      --
      Quiz: True or False -- On a scale of 1 to 10, what is your middle name?
    9. Re:Well, in fairness by Anonymous Coward · · Score: 5, Informative

      Google : "Slippery slope"

      We need to avoid these circular fallacies for eroding privacy requirements, such as:

      "If you don't want people to know, you shouldn't do it" or "If you want privacy, you're probably a criminal"

      Or my personal favorite, "If you're not doing anything wrong, you can't get in trouble".

      Bullsh. You let people start talking like that, and pretty soon we're all goose-stepping towards Auschwitz.

      This erosion of rights has got to be fought tooth and nail, now. Once we go warrant-free, there's no going back.

    10. Re:Well, in fairness by Sandbags · · Score: 0, Troll

      No parallel. This location data they're requesting is HISTROICAL, not real time tracking and location information. This is NO DIFFERENT than the lack of a warrant it takes to acquire your calling records, to scan your e-mail headers (not message content), to pull credit card receipts, and more.

      This data helps cops, who have DOCUMENTED PROBABLY CAUSE, and how FILE A FORM, and go through DUE PROCESS, to find a criminal or suspect, or interested 3rd party they seek on an ACTIVE CASE.

      This does NOT give cops the ability to simply search this data when ever they want, for anyone. Why not? verizon and otherc charge a FEE for the access, EACH TIME it's accessed. Those charges have to be billed back to an active case file, or justified, otherwise, without the due process, a) the officer gets fired, or best case eats the charges out of his personal payroll, and likely faces sanctions and administrative punishments, b) the person, when notified of this access without due process, DOES have a legal case against the cop who illegally pulled this information.

      just because there is no warrant required does NOT mean there's no probable cause and due process required. A cop can search your car if you're pulled over for a speeding ticket, based on a number of reasons or suspicions. If you refuse a search, it only requires some paperwork, and a supervisor to arrive on scene to force a search anyway (or they impound your car). However, if a cop pulls you over, without cause or charge, and asks to search your car, he has no cause and can not. Neither case requires a warrant, but you DO have levels of protection. The fact there's a financial penalty to the department to make this access makes it that much less liely it will be done without being tied to an actual case file.

      Think about it, tracking history for known criminals (lets say we ARREST a drug dealer, and he won;t reveal his source), now they make a request, pay verizon, download his location history, and dispatch a few officers with warrents to search a few of his frequent stops (other suspected dealer homes). Bamb, gotcha.

      The cops and the government don;t give a FUCK about you or your habits unless you;re already on their radar. This is simply one additional tool. if they don;t have it, they'll just scope out your house or work and follow you the old fashioned way. That is expensive, inaccurate, and a waste of manpower better spent keeping drugs away from my kids, tracking down wanted suspects, and cross validating false alibis.

      --
      There is no contest in life for which the unprepared have the advantage.
    11. Re:Well, in fairness by ukyoCE · · Score: 2, Insightful

      Schmidt's comment, taking in context, was like saying:

      "The cell phone companies already know and record your location. Turn your phone off if you don't want them tracking you. The tracking is fundamental to them providing cell phone service, and if they have it, the government will be able to subpoena it."

      That seems like common sense, not sure what there is to get riled up about in there. Except for the government trying to get the data without a warrant, of course.

    12. Re:Well, in fairness by Anonymous Coward · · Score: 3, Funny

      This location data they're requesting is HISTROICAL

      I think you mean to say the data is HISTROICAL. (Proper bolding is important.)

    13. Re:Well, in fairness by houstonbofh · · Score: 1

      If I have nothing to hide, I shouldn't mind being searched every time I enter or leave a building?

      You shop at Fry's too?

    14. Re:Well, in fairness by h4rr4r · · Score: 4, Insightful

      The better question is why is the data retained for any time at all?

      It should never be needed later, and should only be available while you are talking to that tower.

    15. Re:Well, in fairness by Shotgun · · Score: 4, Insightful

      The cops and the government don;t give a FUCK about you or your habits unless you;re already on their radar.

      And how do you get on their radar? Maybe you had a cop for a boyfriend and dumped him? Maybe you're the head of the homeowner's association, and sent the cop a letter to clean up her yard? Maybe you were on the way home from your oldest son's graduation ceremony following the directions given to you by the GPS, when you find yourself at a police roadblock, having forgotten your driver's license in the rush to get to said ceremony? Should you now be subject to have your possessions searched while the claim you're a drug-dealing prostitute for a half hour because you obviously weren't supposed to be on THAT public street?

      (The last didn't happen to me, but it did happen to my wife.)

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    16. Re:Well, in fairness by DutchUncle · · Score: 1

      No parallel. This location data they're requesting is HISTORICAL, not real time tracking and location information. This is NO DIFFERENT than the lack of a warrant it takes to acquire your calling records, to scan your e-mail headers (not message content), to pull credit card receipts, and more.

      This data helps cops, who have DOCUMENTED PROBABLY CAUSE, and how FILE A FORM, and go through DUE PROCESS...

      1. That information should take a warrant as well.
      2. Document cause? File a form? Due process? Which part of "warrantless" are you contradicting? "Warrantless" means "without a warrant", which means "without having to convince a judge, even one already sympathetic to police action, and without having to prove anything, and without having to go through any process."

      Your argument seems to come down to the usual "if you have nothing to hide, you have nothing to fear". Tell me: When you go to the bathroom, do you close the door? I'm betting yes, even when you're the only one home. Are you trying to hide something? Of course not - societal norms suggest some degree of privacy, both for you and for others who don't particularly need to look. And that's the point.

    17. Re:Well, in fairness by Shotgun · · Score: 4, Insightful

      This data helps cops, who have DOCUMENTED PROBABLY CAUSE,

      Then what is the problem with getting a warrant? The threshold for a warrant only requires probable cause.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    18. Re:Well, in fairness by Vaphell · · Score: 1

      my bet would be: because the government mandates it, duh

    19. Re:Well, in fairness by ukyoCE · · Score: 2, Informative

      I don't know a ton about cell phone tech, but for the search example, I know as a developer that I'd want to hang on to searches for data mining usage patterns to improve the search service.

      I've never had the chance to anonymize data yet, but it seems like a one-way hash would be the only way you could anonymize the data while still continuing to tack new data onto the same "anonymous" user.

      To take a wild stab at the cell phone location data - there are charges based on location, and they need to retain the data for their help desk when you call in to say "why the hell did I get charged $5,000 this month for my data plan!" (and it turns out you went to Niagara Falls and got hooked into a canadian tower)

    20. Re:Well, in fairness by Parts09 · · Score: 1

      What happens when they run out of leads on a case and they decide to just "talk" to everyone who was in the area at the time of the burglary/shooting/rape. That is a net I would sure like to avoid being caught up in, even if completely innocent of any crimes.

      --
      My opinions are completely my own and do not reflect those of any entity I may be associated with - including the voices
    21. Re:Well, in fairness by Sandbags · · Score: 0, Troll

      and the cop can't open an active case on that reasoning. There must first be a REPORTED CRIME.

      For your reasoning, hmm, you;re driving without a license in your possession. That's enough to get you arrested on it's own, whether or not you HAVE one, not having it ON you is illegal.

      If they have existing probable cause to believe you may have paraphernalia on you, or associate you with a known criminal, then YES, they can request to search your car. If you refuse, they impound it, do some more paperwork, still don;t require a warrant, and search it anyway. if they find nothing, they apologize and send you on your way. If they find something, you are guilty, period. Evidence is evidence is evidence. Illegally found or not, YOU are guilty, sue the cop and put him in jail WITH you if he didn't follow due process...

      However, that has no bearing on this argument. This location data (which is just TOWER location data btw, not down to the meter GPS location data unless you called 911), is as easily collected by an officer legally following you, or by your purchase records which don;t require a warrant to obtain, or by your work schedule, time clock log, and just about anything else they can get. WHERE YOU GO IN PUBLIC IS NOT PRIVATE INFORMATION YOU PARANOID NUT JOB.

      Access to that information however, without due process, YES, you can sue the department for that. That's why it requires a form to be filled out, and then Verizon further CHARGES for it. Do you really think a chief of police is going to look favorably on a cop who accessed your wife's records, unless there was an open case documented that she was tied to, and where those records had likelihood of having value to the case? No, he's going to deduct that charge from the cop's payroll, likely suspend him, possibly notify you (IA says he has to), and maybe fire him.

      --
      There is no contest in life for which the unprepared have the advantage.
    22. Re:Well, in fairness by Anonymous Coward · · Score: 0

      I don't want anyone to know where I am at any point on the planet. Does that mean I should just leave planet earth?

    23. Re:Well, in fairness by SpaceLifeForm · · Score: 1
      Whew! I thought they wanted HISTORICAL data.

      They can have all of the HISTROICAL data they want.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    24. Re:Well, in fairness by Sandbags · · Score: 1

      It does not require a warrant. The supreme court agrees. Law agrees. The legislators that passed that law were not summarily voted out of office. The public did not revolt. A constitutional convention was not called forth by the states. Over and done.

      Warrant is simply a preaffirmation of due process being followed. Due Process is never NOT required to get this data. Getting it WITHOUT due process IS illegal under "unreasonable" search. You have to take BOTH the 4th and 5th amendment together on this. The government can take you life, liberty, or posessions simply based on due process alone. The courts decided how and when a WARRANT should apply in cases where there is question of "reasonable" search. Where you already have been IN PUBLIC?, there's little unreasonable about them knowing that information. This was upheld, INCLUDING the use of an electronic device to get that information.

      It;s not "nothing to hide" It's OUT IN PUBLIC. They're not recording your calls, just noting where you've been to within a few hundred yards... and only if they PAY to get that data, based on specific date ranges, and after following due process.

      take this away from the cops, then the manpower to track and associate criminals goes up 10 fold. The ability to refute alibi goes away without witnesses or other evidence. (camera footage, receipts, etc)

      The government could really care less about you. You nut jobs personalize it like it's a living breathing thing that thinks evil thoughts. No, it's a bunch of individual people who are each accountable, and who each risk everything if they fuck up.

      yes, a few people with the right access can do the wrong thing (insurance adjusters looking up celebritie's health records for example, someone goes to jail for that in my industry on a regular basis). Howver, that's the POINT, they're accoutnable, it;s documented, they GO TO JAIL if they access it illegally.

      --
      There is no contest in life for which the unprepared have the advantage.
    25. Re:Well, in fairness by CTalkobt · · Score: 4, Insightful

      I'm not really sure that you could annoymize the data reliably... Assuming we're just talking about cell tower "semi-gps" location tracking I've seen it as accurate as 200ft. When the location patterns show an individual residing at a location for multiple nights it's very easy to tie that into an address lookup.

      If multiple individuals reside at the address additional criteria can be gleaned by also tying it into where the cell being tracked goes from 9-5 daily.

      Any time you begin to go down a slippery slope you've already lost. Warrents should always be required.

      --
      There's a gorilla from Manilla whose a fella that stinks of vanilla and has salmonella.
    26. Re:Well, in fairness by Sandbags · · Score: 1

      Well, since they have to have a person's name, and a phone account number, they'd already HAVE those leads... Also, this is TOWER location, not GPS specific data (unless they called 911). It;s only accurate to a few hundred yards. Thats WAY to big of a net. The rest, they likely have cameras, receipts, and witnesses to track SOME of the people in the areas down, the old fashioned way.

      Cought in the net? "sir, our records show you were in the area, did you see anything?" "no" "Ok, if you think of something give us a call..."
      "Thank you for being concerned and following up officer"

      unless you walk up to your front door smoking a joint or holding an illegal firearm, what's the harm really?

      --
      There is no contest in life for which the unprepared have the advantage.
    27. Re:Well, in fairness by Ozric · · Score: 2, Interesting

      Should you now be subject to have your possessions searched while the claim you're a drug-dealing prostitute for a half hour because you obviously weren't supposed to be on THAT public street?

      I have a question for you.....
        Does the "drug-dealing prostitute" need to be subjected to that type of treatment any more or less then you do?

    28. Re:Well, in fairness by Ihmhi · · Score: 1

      I imagine it would also be useful in determining where they most need to expand their network.

      "Hmm, apparently we have had a 400% increase in customers in Boise over the last year... we probably should roll out another tower in the area to improve service."

      Also, as far as I know isn't the location data just from like triangulation? So the feds might not be able to prove that you were at a particular address, but they could prove that you were within 10 blocks of that address.

    29. Re:Well, in fairness by Ihmhi · · Score: 4, Funny

      by Shotgun (30919) writes: Alter Relationship on Thursday February 11, @03:50PM (#31104624)

      Dude, I'm a huge fan! I loved your work in Doom 2! And you got totally screwed for the "Best Supporting Actor" award for your role in Army of Darkness.

    30. Re:Well, in fairness by DM9290 · · Score: 1

      No parallel. This location data they're requesting is HISTROICAL, not real time tracking and location information. This is NO DIFFERENT than the lack of a warrant it takes to acquire your calling records, to scan your e-mail headers (not message content), to pull credit card receipts, and more.

      This data helps cops, who have DOCUMENTED PROBABLY CAUSE, and how FILE A FORM, and go through DUE PROCESS, to find a criminal or suspect, or interested 3rd party they seek on an ACTIVE CASE.

      there is no impartial validation of whether or not the probable cause is in fact probable cause. no affidavit and therefore no threat of perjury charges for wrong information. and the only person authenticating the probable cause is another cop. The cops can't be the ones trying to protect your rights simultaneously as the ones trying to infringe your rights. It is a conflict of interest. In your world we could do away with juries and judges and merely have cops and prosecutors.

      This does NOT give cops the ability to simply search this data when ever they want, for anyone. Why not? verizon and otherc charge a FEE for the access, EACH TIME it's accessed. Those charges have to be billed back to an active case file, or justified, otherwise, without the due process, a) the officer gets fired, or best case eats the charges out of his personal payroll, and likely faces sanctions and administrative punishments,

      like no officer would ever be able to afford to pony up the $40 fee or whatever the phone company is charging for a look up. That's sound reasoning.

      b) the person, when notified of this access without due process, DOES have a legal case against the cop who illegally pulled this information.

      its not illegal to pull the information because according to the government there is NO EXPECTATION OF PRIVACY.. therefore the phone company can sell the information to whoever the hell it wants, and you have no recourse.

      just because there is no warrant required does NOT mean there's no probable cause and due process required.

      no. but if there is no reasonable expectation of privacy then there is no probable cause or due process required. The government is arguing no expectation of privacy.

      A cop can search your car if you're pulled over for a speeding ticket, based on a number of reasons or suspicions.

      only based on reasonable grounds to suspect that a crime is in progress and a warrant is impractical, or if they are arresting you and the search is carried out incidentally to the arrest. It's already been decided that when you are being lawfully arrested the police are allowed to search the immediate vicinity for evidence, to secure your property, etc. It's not a blanket authorization to search your trunk simply to give you a speeding ticket.

      If you refuse a search, it only requires some paperwork, and a supervisor to arrive on scene to force a search anyway (or they impound your car).

      supervisors have the power to take away rights from subordinate officers, but they can't create rights that don't otherwise exist.
      The right of an officer to search your vehicle still devolves from either a warrant, or a search incidental to an arrest, or reasonable grounds to suspect that the search is necessary to stop a crime in progress and that it would be impractical to obtain a warrant.

      However, if a cop pulls you over, without cause or charge, and asks to search your car, he has no cause and can not.

      true. but with all that said, this has absolutely NOTHING to do with compelling third parties to turn over records about your car which are not located inside your car. and goes not give the officer the right to take you back to your home and search the car which you weren't driving at the time.

      Neither case requires a warrant, but you DO have leve

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    31. Re:Well, in fairness by Anonymous Coward · · Score: 0

      Close. If you don't want anyone to know where you are, don't **take a radio-tethered track and trace device** with you!

      Or just turn off the radio. /duh

      A little checkbox next to "Mobile Network" gets cleared, and off the grid I go...

      If you think you can give private data like your location to a company that's in cahoots with the Feds, and then expect it to STAY private... well, you are a sheeple, and there is no hope for you.

      It would be nice if we followed the constitution and all that, agreed. But don't act like we actually DO, or you will be in deep trouble.

    32. Re:Well, in fairness by Shotgun · · Score: 3, Interesting

      No. Not even with some sort of evidence indicating that the person was both dealing drugs and prostituting. In the case that there was evidence, she should have been arrested and arraigned. Harrassing ANYONE on the street serves no purpose.

      My wife is a personal trainer, and had a cop as a client. He said they were just seeing if they could make her cry. According to him, it is a game they play.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    33. Re:Well, in fairness by Shotgun · · Score: 4, Insightful

      Next, you will explain to us all how the "blue code of silence" doesn't exist.

      I've known enough cops to know that:
      - the job makes you a paranoid, egomaniac nut job.
      - cops "protect" each other.

      The founding fathers knew that to. That why we rely on an independant magistrate to issue warrants to protect citizens, not "filling out a form" or "manager approval".

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    34. Re:Well, in fairness by Anonymous Coward · · Score: 0

      Cell phone tracking doesn't stop when you go home and leave your phone on. Are you in the public or in private in that situation?

    35. Re:Well, in fairness by Shotgun · · Score: 0

      Roll back to 1986. I was a helper on a furniture truck. Always rode as passenger. My CB handle became "Shotgun".

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    36. Re:Well, in fairness by joocemann · · Score: 1

      If you don't want anyone to know where you are, you shouldn't go there.

      [[/TROLL]]

      I know when I walk into public I could, technically, be watched and tracked and logged.... but it is because it doesn't happen that I'm not bothered about being in public.

      We, the people, are fine with the current activity around being in public, but only because the things we hold dear (for example, the sum of our daily activities) are not regularly tracked and documented. In the case that most people were being surveilled and recorded on an individual basis and to encompass a full day's activity, the people would democratically demand a regard to privacy while in public.

      In short: we are cool with public being public, but only because the current act of being in public still has privacy tied to it. Breach that privacy and we people will then be forced to define what we want to be kept private.

      It amazes me that our government, which is staffed by people who enter public, does not have regard for these unsaid 'laws' (despite the fact that many of us would say the 4th amendment DOES apply). It amazes me that people writing this shit up don't look at it, think of their own lives, and realize that it is something they would not want.

    37. Re:Well, in fairness by Bardez · · Score: 1

      Once three years ago, I was at (my girlfriend at the time)'s place until around 2:00 AM. She lived in the busiest street in the city, if you take my meaning. I pulled out of the apartment complex just before turning on my headlights, and was pulled over within half a block, badgered time and again for over a half hour about why I was there and how much I paid for coke and pussy.

      "I was at my girlfriend's," I said.

      "How long have you been known her? Did you meet her tonight?" This shit went on and on, until they relented when I offered to escort them up to her damned apartment door.

      They searched my car and found --shockingly, of course-- jack shit. I've never touched an illegal substance (aside from underage drinking) in my life. The last thing I would have wanted was to be investigated by the FBI for driving to my girlfriend's, which was within a block of a highly suspected coke house (repeatedly busted, of course). She was a devout Christian and a med student, either oblivious the the area or felt protected. Either way, she lived where she lived, you know? There wasn't much I could do about where my girlfriend lived.

      --
      Perception is the thin dividing line between reality and fiction.
    38. Re:Well, in fairness by Anonymous Coward · · Score: 0

      Dammit, did you have to go and ruin your point by using the word sheeple? Now it doesn't matter how right you are, you're a useless douchebag who needs to be ignored. Good job.

    39. Re:Well, in fairness by mhajicek · · Score: 1
      Saying ANYTHING to a cop can get you convicted of something you didn't do.:

      Cop: "Sir, did you see or hear anything about a killing last night?"

      Citizen: "No, I don't even have a gun."

      Cop: "Ha! We didn't tell you it was a shooting, that proves you were in on it!"

      That actually happened, though I'm paraphrasing.

      http://disgustedbeyondbelief.blogspot.com/2008/07/dont-talk-to-cops.html

    40. Re:Well, in fairness by couchslug · · Score: 1

      "If you don't want anyone to know where you are, you shouldn't go there."

      If you don't want anyone to know where you are, manipulate what they "know" about you by playing with what they track. Their comfort in default reliance on technology can be a dandy weapon against them.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    41. Re:Well, in fairness by AHuxley · · Score: 3, Interesting

      Same with Britain's DNA database, cops just wanted people on it, so they did what was needed to get people on it.
      One huge fishing expedition.
      "Police making arrests 'just to gather DNA samples'"
      http://news.bbc.co.uk/2/hi/uk_news/8375567.stm
      "NYPD tracking cell phone owners, but foes aren't sure practice is legal" http://tinyurl.com/y9lh6wq
      The NYPD seems to take an interest in your cell phone battery, and gets to note International Mobile Equipment Identity number.
      Now the feds want to track you 'in the past'.
      Adamo Bove, head of security at Telecom Italia showed what can be done with this tech via mapping out the CIA rendition in Italy in court. He later 'fell' to his death.
      This tech works and now its been turned onto you with very limited court oversight.
      Dump your phone after the first call, meet in public, in a pool/ocean.
      If its mobile communications your gov was all over it from inception - its just getting more legal to use it.

      --
      Domestic spying is now "Benign Information Gathering"
    42. Re:Well, in fairness by green1 · · Score: 1

      I imagine it would also be useful in determining where they most need to expand their network.

      "Hmm, apparently we have had a 400% increase in customers in Boise over the last year... we probably should roll out another tower in the area to improve service."

      Also, as far as I know isn't the location data just from like triangulation? So the feds might not be able to prove that you were at a particular address, but they could prove that you were within 10 blocks of that address.

      And if it was used just to determine where their network needs expanding, why do they need to know WHO was on the tower? all they actually need is the number of people!

      Now it could be related to billing, but then they just need to know which tower you were on and when (not where exactly you were) but then again, it shouldn't need that information unless you actually placed/received a call/sms/data packet

    43. Re:Well, in fairness by ajs · · Score: 4, Insightful

      It was satire of the recent Google CEO comment: If you have something that you dont want anyone to know, maybe you shouldn't be doing it in the first place, said Schmidt.

      No, actually, that was just his lead-in to his actual point:

      But if you really need that kind of privacy, the reality is that search engines, including Google, do retain this information for some time. And [...] we're all subject, in the US, to the Patriot Act, and it is possible that that information could be made available to the authorities.

      In other words, you have a CEO of a major, public corporation saying, "you can't trust us to keep your data private because, good intentions aside, the feds will slap us with a national security note and it's game over." Funny how I don't recall Yahoo!, Microsoft or any of the other major players pushing this point. Perhaps Google is the only one that gets these requests... or perhaps Schmidt is the only one telling you anything.

    44. Re:Well, in fairness by mhajicek · · Score: 1

      Cops know not to talk to cops when questioned: http://bennettandbennett.com/blog/2007/07/more-dea-skulduggery.html

    45. Re:Well, in fairness by GodfatherofSoul · · Score: 1

      This joke took me an embarrassing long time to figure out. Well played sir!

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    46. Re:Well, in fairness by Anonymous Coward · · Score: 0

      The cops and the government don;t give a FUCK about you or your habits unless you;re already on their radar.

      So the cops don't care about you, unless they do. Great job, Captain Obvious.

    47. Re:Well, in fairness by Anonymous Coward · · Score: 0

      "What are you doing in this neighborhood at this time of night?"

      Oh, you know, I just get off on being an American, free to go where I please, whenever I please, without having to show papers and shit?

    48. Re:Well, in fairness by MacDork · · Score: 1

      So when it's Mr. Obama's records it's not ok, but it's just peachy when it's our records?

    49. Re:Well, in fairness by RobertM1968 · · Score: 1

      You really are out of touch with reality... here is what I have witnessed in Baltimore alone.

      and the cop can't open an active case on that reasoning. There must first be a REPORTED CRIME.

      In Baltimore, they can off of a "tip" from a neighbor... for instance, have 6 people living in a house (it's a SIX bedroom house, btw), two gfs who visit, only one person who has a car; while the rest bum rides to and from work.

      Get one complaint from a neighbor that they think you are dealing drugs... see how long (errr... short) a time period it takes before your house is being staked out.

      Or perhaps they will just bust in your door and search the place - guess what? No warrant needed (due to laws passed in the late 60's in Baltimore City).

      Or, have an unregistered car (let's say a car you are working on fixing) in your enclosed garage that is in your back yard and have a neighbor report it to the police. Due to laws passed in 1968-1969 in Baltimore City, the police have the right to go onto your property, break into your garage and tow the car to the impound lot.

      Now tell me that there isn't some sort of "active case" in those matters...

      For your reasoning, hmm, you;re driving without a license in your possession. That's enough to get you arrested on it's own, whether or not you HAVE one, not having it ON you is illegal.

      In many states, it's a simple fine ($5-50)

      If they have existing probable cause to believe you may have paraphernalia on you, or associate you with a known criminal, then YES, they can request to search your car.

      This can simply be driving through the wrong neighborhood because that is the shortest route and your GPS directed you there. Gotta remember, your GPS may have an "Avoid congestion" selection and a "Highways only" selection... but it does not have an "Avoid known drug/criminal activity neighborhoods" selection.

      Is that probable cause?

      If you refuse, they impound it, do some more paperwork, still don;t require a warrant, and search it anyway. if they find nothing, they apologize and send you on your way.

      I've watched them "disassemble" a car on the street (or pretty close) in the neighborhood I used to live in... ripped the seats out, the trunk, carpeting and everything.

      Must be nice to get a "Sorry, go on your way" when your car is literally in PIECES on the STREET and SIDEWALK.

      If they find something, you are guilty, period. Evidence is evidence is evidence. Illegally found or not, YOU are guilty, sue the cop and put him in jail WITH you if he didn't follow due process...

      Because THAT works... yeah right.

      However, that has no bearing on this argument. This location data (which is just TOWER location data btw, not down to the meter GPS location data unless you called 911), is as easily collected by an officer legally following you, or by your purchase records which don;t require a warrant to obtain, or by your work schedule, time clock log, and just about anything else they can get. WHERE YOU GO IN PUBLIC IS NOT PRIVATE INFORMATION YOU PARANOID NUT JOB.

      Access to that information however, without due process, YES, you can sue the department for that. That's why it requires a form to be filled out, and then Verizon further CHARGES for it. Do you really think a chief of police is going to look favorably on a cop who accessed your wife's records, unless there was an open case documented that she was tied to, and where those records had likelihood of having value to the case? No, he's going to deduct that charge from the cop's payroll, likely suspend him, possibly notify you (IA says he has to), and maybe fire him.

      Really, get a clue... reality is not what you think it is.

    50. Re:Well, in fairness by Anonymous Coward · · Score: 0

      So then I assume you also would say that if I have nothing to hide, I shouldn't mind the police tearing my house apart looking for something that may or may not be there? If I have nothing to hide, I shouldn't mind being searched every time I enter or leave a building? I shouldn't mind being spied on at all times

      You just described an airport these days.

    51. Re:Well, in fairness by Anonymous Coward · · Score: 0

      And how do you get on their radar?

      Insert into table Suspect'sCellphone
      Select IMEI
      From CellPhone
      Where CellPhone.Location Near CrimeScene
      And CellPhone.Time Between Crime.Time - buffertime And Crime.Time + buffertime

    52. Re:Well, in fairness by Anonymous Coward · · Score: 0

      Sure there is. It's called the second amendment.

    53. Re:Well, in fairness by Anonymous Coward · · Score: 0

      The other reason we don't allow warrantless searches without probable cause is that if the State is allowed to snoop on its citizens, it finds information valuable to support the power structures of the State at the expense of its people.

      People tell me all of the time that America is a land of liberty. Liberty to do what? So far as I can determine, you are free to do anything that doesn't piss anyone off. This is not significantly different from the old Soviet Union. You're ALWAYS free to do things that are popular.

      Are you free to do unpopular things?

    54. Re:Well, in fairness by Ihmhi · · Score: 1

      Interestingly enough, if you didn't know this, the term originates from the Wild West. The person sitting next to a stagecoach driver typically "rode shotgun" and literally carried a shotgun.

      One of the earliest references to the phrase "riding shotgun" in print occurred in the 1905 book The Sunset Trail, by Christopher Keeney [1] The expression was used to refer to riding as an armed guard in the front of a stagecoach, next to the driver (this would usually have been on the left, as stage drivers traditionally sat on the right, near the brake). An earlier term for the same duty was "shotgun messenger." The use of the phrase in print to refer to automobiles occurred in 1954 simultaneously with the TV series Gunsmoke, which became extremely popular, and used the terminology of riding shotgun nearly weekly.[2] It is thus possible that the use of the term "riding shotgun" in reference to stagecoaches is an anachronism, and that the term began only after the depictions of stagecoaches in Western-based TV series.

      http://en.wikipedia.org/wiki/Riding_Shotgun

    55. Re:Well, in fairness by Ihmhi · · Score: 1

      Buck up. At first you may have felt a bit scatter-brained, but you hit the bulls-eye eventually!

    56. Re:Well, in fairness by KDR_11k · · Score: 1

      Go ahead and use it then, your second amendment won't do shit if you just sit at home and brag about having it. Wouldn't surprise me if the existence of the second amendment actually made people more complacent because that "security blanket" is always there even though actually using it would be too hard. Sure, take it away and you've got riots but it doesn't look like keeping it will actually do anything to hinder the rights erosion so it can safely ignored and lull the couch revolutionaries in their dreams of defeating all this police state malarkey... some other day.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    57. Re:Well, in fairness by Sandbags · · Score: 1

      All a warrant is boils down to preapproval for evidence collection. Due process colelcts evidence, but that eveidence is subject to REVIEW post-collection, prior to being admissible in court. That's it, that's the ONLY difference.

      Due Process is the documentation that exists to prove the collection itself was "reasonable"

      The 5th amendment clarifies this, the 4th amendment does NOT stand alone as a single statement.

      The courts, through case law, have essentially deemed certain collections of data, in certain documentable scenarios, is ALL pre-approved (aka, a warrant would ALWAYS be issued, without question, so why do it). They STILl have review of the evidence before trial, and they REVIEW the Due process reasoning, and you still have rights.

      --
      There is no contest in life for which the unprepared have the advantage.
    58. Re:Well, in fairness by Shotgun · · Score: 1

      I knew that, but there weren't any bandit laying in wait to hold us up for our cargo, so I didn't get to carry an actual shotgun.

      The cannons don't thunder.
      There's nothing to plunder.
      I'm a over 40 victim of fate.
      Arriving to late.
      Arriving to late.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    59. Re:Well, in fairness by Sandbags · · Score: 1

      OK, example 1, due process if followed, and yes in Bltimore, upon a tip and due process followed, they can invade if they "witness a crime in progress" which must be completely documented. They can NOT just "break in" on a tip. You have not studied that case law.

      Illegal car on your property, that's all they nbeed to know. bot no, they won't enter the locked garrage on a tip alone, but that tip might get an officer to "pay attention" and if they see the garrage open, or if you drive the car, yes, they'll document it, then come back and take it.

      In many states, your PROPERTY is not private, only the inside of your home is, since people like meter readers and public servants need access to your LAND. Further, a standing garrage qualifies differently in some states. They can't search it without a warrant, but they can impound a car inside of it then have evidence of. (typically, they ask to see it or see it themselves, the city really doesn't care enough to risk a lawsuit over a small municipal fine).

      In SC driving without a license on your person is a $75 fine, but more importantly, they can't let you continue to drive without it unless you have other documents proving your identity, and your insurance on you, and they look up and validate your currently active license and lack of warrants against you.

      Being in public is not probable cause. Getting pulled over is. eing parked in a known drug neighbood might be enough, but so long as you don;t stop there, even if a cop does pull you over, you can easily POINT AT YOUR GPS and show him you;ve been following a route, at which point, probable cause is refuted, and you can not be searched unless he finds another reason (object in plain sight, runs your tag and finds open unpaid violations, etc).

      If the city disassembles your car, or causes DAMAGE to your property, without a warrant, then they ARE liable for the damage. I've seen this to on a street side, but only after they've called in a warrant, or only after they found illegal drugs in the car, or only if the person has outstanding warrants and is a know drug trafficker. You have to understand, the cop doing that teardown, first off he's not doing his "assigned" duty of pulling people over, so he had to call in that change, and get backup to tear the car down. Next, that's a risk to the city, and he's gonna have to do a LOT of paperwork later, and even more if he's wrong. If he is wrong, you got inconvenienced, and you get your car rebuilt on the city's dollar, and he'll NEVER do that again, nor will anyone in his division.

      Suing a cop for illegally collecting evidence? Yea, it does work. Seen it happen. And that eviodence, as much as the court hates it, gets thrown out. I'm actually in favor of it NOT getting thrown out, so long as the cops punishment for illegal collection if at least 50% of your conviction. How many copy do you know who'd risk a year in jail to see you get 2, huh?

      Get a clue? this is case law fact moron. You're the one not living in reality. I'm an Italian from a NY italian family. I've got friends and collegues and family who are lawyers, cops, firemen, and more. I;'ve SEEN this crap first hand. Cops are not evil. They have families. And they're PARANOID about people like you who take away their power to defend themselves from real criminals, and all they care about is putting away real criminals. They don't give a SHIT about joe bob who minds his business and plays nice with society. They have no reason to risk their job or freedom just to see who their friend's wife might have been seeing on the side. (they can find that out easy enough just by driving around town).

      --
      There is no contest in life for which the unprepared have the advantage.
    60. Re:Well, in fairness by operagost · · Score: 1

      Kind of a big IF... as in, IF they get the data without a warrant, it's unconstitutional.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    61. Re:Well, in fairness by operagost · · Score: 1

      I'm with George Washington, a total nutcase who said, "Government is not reason, it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master." I don't trust the supposedly inherent goodness of man when he is engaged in the corrupting power of government.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    62. Re:Well, in fairness by operagost · · Score: 1

      Army of Darkness

      No, that was Boomstick.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    63. Re:Well, in fairness by IndustrialComplex · · Score: 1

      what's the harm really?

      I'd rather not find out. (And some other posters have provided examples).

      The fact of the matter is a cop is an extention of a judicial system which uses an adversarial style of judgement. At his whim, I could be implicated as an opponent of that adversary. An adversary which effectively has an infinite amount of resources to use against me. I only have the amount of money I can borrow or raise on my limited personal salary which may not exist much longer if I am implicated in any way or prevented from going to work for any period longer than my vacation/personal leave allows.

      As a result, I intentionally limit the amount of time in which I am in contact with the police to an absolute minimum. If that amount of time can be zero, all the better.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    64. Re:Well, in fairness by sabt-pestnu · · Score: 1

      > You let people start talking like that, and pretty soon we're all goose-stepping towards Auschwitz.

      Oh... my... GODwin!

    65. Re:Well, in fairness by RobertM1968 · · Score: 1

      OK, example 1, due process if followed, and yes in Bltimore, upon a tip and due process followed, they can invade if they "witness a crime in progress" which must be completely documented. They can NOT just "break in" on a tip. You have not studied that case law.

      Who's definition of "Due Process"? All they need is the tip... no warrant... no nothing.

      You still dont get the point. If I hate my neighbor, I can make the tip... anonymously or not... and then my neighbor is screwed.

      Illegal car on your property, that's all they nbeed to know. bot no, they won't enter the locked garrage on a tip alone,

      Wrong... they will. Been there, done that.

      Again, you shouldn't be discussing things you dont know about. Again, been there, done that, seen that...

      but that tip might get an officer to "pay attention" and if they see the garrage open, or if you drive the car, yes, they'll document it, then come back and take it.

      Again, NON WORKING CAR. NOT DRIVABLE. NEVER LEFT PROPERTY. CLOSED GARAGE. GARAGE IS STANDALONE IN BACK YARD OF PROPERTY. Do you know how much it costs to get it out of impound?

      Same goes for a car parked on one's driveway in said back yard where it is NOT visible from the street. Again, do you know how much it costs to get it out of impound? I do.

      In many states, your PROPERTY is not private, only the inside of your home is, since people like meter readers and public servants need access to your LAND. Further, a standing garrage qualifies differently in some states. They can't search it without a warrant, but they can impound a car inside of it then have evidence of. (typically, they ask to see it or see it themselves, the city really doesn't care enough to risk a lawsuit over a small municipal fine).

      And again, you are wrong... and again, I've been there, done that. Nor does a HOUSE have such protections in Baltimore City. "Suspicion" is more than enough. And that "suspicion" can quite easily be a tip from a neighbor that doesnt like you for whatever mundane reason (doesnt cut the grass every week, leaves his pail on the street for a day past when the garbage men empty it). Or it could simply be because that person filed a complaint with the city because the publicly owned strip of land across their small street that is owned by the city (median between the street and the 6 lane highway on the other side... street only has houses on one side, median and highway on the other) has grown grass FOUR FEET tall and the DPWs give the lame excuse that they weren't prepared for the grass growing and apparently didnt expect it to do so... (you know, like it does EVERY spring? Yeah, that would take me by surprise... why in the world would the grass grow that spring too? Even though it's done so since the beginning of recorded history in the area).

      In SC driving without a license on your person is a $75 fine, but more importantly, they can't let you continue to drive without it unless you have other documents proving your identity, and your insurance on you, and they look up and validate your currently active license and lack of warrants against you.

      Being in public is not probable cause. Getting pulled over is.

      Ummm... what about being pulled over for being in the wrong neighborhood? So since one was pulled over, that now becomes probable cause?

      Being parked in a known drug neighbood might be enough,

      Not being PARKED... DRIVING THROUGH. I've watched it happen. Two white kids in a predominantly black, poor neighborhood known for drug sales. I've had it happen to friends as well.

      but so long as you don;t stop there, even if a cop does pull you over, you can easily POINT AT YOUR GPS and show him you;ve been following a route, at which point, probable cause is refuted,

      Wrong, at which point the cops wont

    66. Re:Well, in fairness by Anonymous Coward · · Score: 0

      How do I not be anywhere? Hmm I think that is illegal.

    67. Re:Well, in fairness by Sandbags · · Score: 1

      If the local laws in Baltimore fly in the face of national law, then either replace your local politicians, or get a lawyer to follow through with a case and have the law overturned in higher court. Complaining about it gets you nowhere. If you don't like it, and can't stand waiting, MOVE, the rest of the country seems to do just fine. I'm not an expert in your local laws, but I've seen first hand federal laws trump very similar local laws.

      next, whether or not a car is drivable matters nothing to the state as far as the regulation for tags, taxes, and insurance. It has a VIN number, it must be tagged, unless you get official documentation from your DMV otherwise (typically requires the car to be a classic in the process of reconstruction).

      A cop may not care for a GPS history, but his SUPERVISOR will. it;s your RIGHT to request a supervisor on-site before any search (as well as a lawyer, which I'd recommend). However, if it went that far, and the cop was a real ass, and the supervisor went with it, that GPS log data would be an EASY victory in court and get you a few grand (likely many tens of thousands) on a harassment and illegal search charge, and the cop, and probably the supervisor, would be out of work. Your failure to enforce your rights is not my problem. Also, there's no "lawsuit" for the damage to your car, they simply PAY UP, as part of due process, in the form of a settlement based on your insurance companie's estimate, as this saves the trouble and expense of the suit they loose (and trust me, they pay, otherwise the insurance company has to, and THEIR lawyers WILL fight it).

      A tip may be filed, however, if that's the case, your neighbor is risking long term imprisonment by filing an illegitimate tip. If it;s real, and you got caught (sounds like you did), then he was being a GOOD CITIZEN, and should be rewarded for having the courage to turn in a neighbor for breaking the law. If it was a "false tip" which as you say nothing can prevent from happening, and the cops do act (which is DUE PROCESS DEFINED), then that guy gets a nasty visit from the cops in return when they find the tip a bad one.

      If your friend was never served, and have a valid address based on his currently local ID, and had a job he was paying taxes on, then it should be damned easy for even a court appointed lawyer to get your friend off. I'm sure there were mitigating circumstances (like he lied about not being served). If the DA falsified records, go prove it, it's easy to prove... Oh, that didn't happen? Probably wasn't fake. Your own story collaborates that the records needed to be corrected, and he was to be properly served. This sounds ongoing,and that he has not reappeared in court for what he was improperly summonsed for. Sounds like he has a good case for lost compensation coming to him. Hope he has a good lawyer (one that sees this process through to the point he's working exclusively free only for a cut of the settlement, assuming that's larger than a pre-negotiated amount, and if not, it;s because even his lawyer thinks he's guilty or has not case.

      I've been through rough patches with the courts myself, due to paperwork issues related to switching from a local insurer to a national one (the local guy was pissed I left, and filed a "self terminated" insurance form with the DMV, who canceled my license, then i hit a check point. I got a "ticket" but was let go since I did have proof of insurance on me, though not what the DMV record showed. I had to show up in court with my insurance transfer paperwork and show proof of insurance from the date it ended, which i had. The local insurer lost his certification, spent 30 days in jail, paid my fine ($75 for not having a valid license, which I had to pay to get in re-instated while waiting for a court date), and paid my legal fees, and lot time from work (3 total days). It was a hassle, but it happens, and I'm glad they actually care to CHECK for insurance, even if there are flaws in the documentation process that let an occasion

      --
      There is no contest in life for which the unprepared have the advantage.
  3. Really? by LaminatorX · · Score: 5, Insightful

    This sounds like a perfectly reasonable thing for carriers to provide UPON BEING SERVED WITH A WARRANT!

    1. Re:Really? by Anonymous Coward · · Score: 3, Insightful

      This is more evidence that B.O. is really George Bush III

    2. Re:Really? by Anonymous Coward · · Score: 0

      I don't get it, what was wrong with their post-it(tm) note approach? Not quick enough? Too much paperwork? Pesky paper-trail?

    3. Re:Really? by Sir_Dill · · Score: 2, Insightful

      Mod Parent Up. Seriously, this argument could be said about ALL REQUESTS FOR INFORMATION. OBVIOUSLY its available, because when you get a warrant, they look it up and provide it. DUH.

    4. Re:Really? by ComputerGeek01 · · Score: 1

      I agree, isn't the warrent at least supposed to be served to the wireless carrier? They are not the government, you would think of all the things that big business butts heads with the Obamastation about they could stand up for us at least this once!

    5. Re:Really? by Anonymous Coward · · Score: 0

      What I want to know is what GB3 is doing in my armpit.

    6. Re:Really? by zippthorne · · Score: 1

      It's not though, unless they only obtain information for the specific suspect named in the warrant. Using mass cell phone data as some kind of suspect sieve is definitely not within the scope of the fourth amendment (there will necessarily be thousands of records obtained for people who are not suspects and never will be) but is also a very dangerous investigative tactic: there can be both false positives and false negatives.

      That data doesn't belong to the phone companies, and even if it did, the phone companies would almost certainly not be legitimate targets of a bank robbery investigation.

      --
      Can you be Even More Awesome?!
    7. Re:Really? by MickyTheIdiot · · Score: 0, Troll

      It shows you of the absurdity of people like those in the Tea Party movement. They're complaining about non-existent things like "concentration camps" and saying the government is gonna take your guns while this sort of this actually is happening.

    8. Re:Really? by Requiem18th · · Score: 1, Interesting

      No kidding, the guy should be burned for weeks for aggravated treason.

      This is for giving us hope, this is for taking it away...

      --
      But... the future refused to change.
    9. Re:Really? by Anonymous Coward · · Score: 0

      You are one sick fuck. Enjoy your visit from the FBI.

    10. Re:Really? by DigitAl56K · · Score: 1

      There are real risks associated with this. The biggest problem is data mining. By correlating my records against others you can see who is often in the same vicinity as me at the same time. Did I happen to be located near some suspects on more than one occasion? Maybe that implicates me as a risk, even if it was co-incidence. What if some statistician determines that the probability is too high to be co-incidence? Perhaps I know a suspect in some unrelated regard, yet I may still be put on some list somewhere depending on what is being investigated at the time. Afterall, all of this data is not going to be sifted through by hand - computers will be making decisions based on some statistics they've been programmed to look for.

      Not only this, and I haven't read TFA yet, but if there is really a concept that it's fine to access my data without a warrant as long as it's not real time (i.e. "certain times in the past"), why couldn't you tap all my conversations today, and just wait until tomorrow to listen to them? It invades my privacy just as much.

    11. Re:Really? by Sandbags · · Score: 0

      Carriers already hand over call history without a warrant, as do credit card companies, banks, and more. The courts even rules that placing a tracking device on someone was technically NO DIFFERENT than an officer following them, and was thus considered completely acceptable.

      Who you associate with, and where you go are PUBLIC INFORMATION. What you say or do (out of earshot and eyesight) is all that's private.

      This does not mean there is not a requirement for DUE PROCESS, and does not mean that if you;re searched WITHOUT CAUSE, that you can't sue, it simply means they don't have to get a warrant to get simple, otherwise considered available to a perusing officer, information.

      Further, this access COSTS MONEY, PER TRANSACTION. A cop who pulls your history, for a time period, is going to have to backfill that to an active investigation and case number, otherwise they'll get in depp shit with the department, possibly get fired, and if you find out, you sue.

      DUE PROCESS is simply a lesser level of a warrant. All a warrant is really is a 3rd party validation of due process.

      A cop with probable cause can search your car, and there's nothing you can do about it. Refuse and they simply impound, do the paperwork, and search anyway, then give you a nasty bill for the trouble in addition to punishment for anything they find. Even if the find nothing, and let you go, you STILL have to pay the impound fee in most states, and you can not sue as probable cause rules in public. However, get pulled over for no reason, the cop logs no ticket or you have witnesses proving no wrongdoing, and he searches anyway? he's busted.

      they can't search your house, they can't TAP you line and record calls, but they CAN know where and when you were. That is NOT private, and NOT protected.

      --
      There is no contest in life for which the unprepared have the advantage.
    12. Re:Really? by AshtangiMan · · Score: 1

      They didn't with dubyastation, why would they start now?

    13. Re:Really? by houstonbofh · · Score: 2, Insightful

      This is silly... Republicans are not "evil." Democrats are not "evil." Politicians are evil! The little letter next to the name means next to nothing.

    14. Re:Really? by Shotgun · · Score: 1

      And how exactly is clamoring for less government not also clamoring for less of this bull?

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    15. Re:Really? by Montezumaa · · Score: 4, Interesting

      You do understand that Bill Clinton was doing the exact same thing that Bush had been and Obama is doing, right? Bill Clinton started a lot of the phone monitoring that Bush increased. The fact is that any president is going to push the envelop on what is possible, as will anyone that is engaged in any activity. It is only when a person is slapped with an order to stop fucking around that they will actually consider it. Probably.

      The fact that the Justice Department is claiming this is not a violation of the Fourth Amendment is a real problem. Yeah, they may continually violate people's right, but it is humorous that the government would be dumb enough to use such a stupid, untrue argument. Thank god for this "Hope" and "Change".

    16. Re:Really? by EllisDees · · Score: 1

      >The courts even rules that placing a tracking device on someone was technically NO DIFFERENT than an officer following them, and was thus considered completely acceptable.

      Uhh, No. At least not in Massachusetts and New York.

      Going about your business, even out in public, is still none of the government's business unless they have some real reason to make it their business - by getting a warrant.

      --
      -- Give me ambiguity or give me something else!
    17. Re:Really? by The+End+Of+Days · · Score: 1

      Where is this fantasy land where cops are held to laws and act humanely towards mere citizens? It sounds lovely, and if it actually exists outside of your head I'd like to find out what it takes to immigrate there.

    18. Re:Really? by ScrewMaster · · Score: 1

      You are one sick fuck. Enjoy your visit from the FBI.

      If you make a credible threat against the President, I would expect a visit from the Secret Service (dunno what's so secret about it, everyone seems to know about it.)

      On the other hand, we're still allowed to say we don't like our President, even call him a traitor if we want, without government interference. Free speech and all that.

      --
      The higher the technology, the sharper that two-edged sword.
  4. What happened to warrants? by acalltoreason · · Score: 0

    Even though they "keep and retain" those records, that's still data owned by the company, in this case Verizon. Don't they need a warrant or subpoena to look at that data? It's just like Google refusing to give out user data.

    --
    Where has reason in the world gone? Have we abandoned it in favor of power and politics?
    1. Re:What happened to warrants? by Itninja · · Score: 5, Insightful

      They only need a warrant if the data owner demands one before compliance. The thing is, the large telecoms are lapdogs to the federal government. They need the government's blessing to make a profit so are all to willing to turn over your records upon request.

      --
      I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
    2. Re:What happened to warrants? by Anonymous Coward · · Score: 2, Insightful

      And why do you think they are keeping that data? Could it be because the Justice Department made an unofficial request to do so? The claim that Verizon just happens to be keeping the data around so it should be fair game, sounds awfully suspicious.

    3. Re:What happened to warrants? by frosty_tsm · · Score: 2

      They need the government's blessing to make a profit so are all to willing to turn over your records upon request.

      I think the "to make a profit" part might be a stretch. Maybe it's not always the case, but I seem to hear a lot about the high profit margins for cell phone companies and ISPs (which does exclude traditional phone and TV, so maybe they are having harder times). I think part of it is they want to be able to keep their fake competition and continue exploitation of the consumer, and playing nice with the FBI is one way to help that.

    4. Re:What happened to warrants? by sp1nz · · Score: 1

      Quite possibly they could use it for billing/roaming disputes... but I'd like to hear them justify keeping it longer than 6 months. Much past that time frame, and you get into lapdog territory.

    5. Re:What happened to warrants? by Anonymous Coward · · Score: 3, Insightful

      Take a look at what happened to the QWest CEO when he told the government his company wasn't going to be doing something that sure looks to be illegal. Not only did they lose a lot of government business, but he personally was charged with insider stock trading.
      If you say no to those people you'd better be squeaky clean (and even then you might end up framed for something).

  5. But what about the spirit? by ircmaxell · · Score: 5, Insightful

    What about the spirit of the 4th amendment? Sure, it may not violate the amendment as it's worded, but was that the intent of it when it was put in?

    We're getting into very precarious situations here. With technology advancing, we're pushing the letter of the law as far as it can go, even when it isn't really applicable. Don't forget, the Constitution was written over 200 years ago. We need to stop looking how the letter of the laws apply to today's world, and start looking into the spirit of the laws.

    --
    If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    1. Re:But what about the spirit? by Isaac-1 · · Score: 1

      Sounds great until you get to the bill of rights, particularly: #1,#2,#4,#5, ....

      Many of these are single sentences, and still there are people that read them in completely different ways. See right to bear arms, and the argument of is it not an individual right. I mean does anyone out there really think it means that the government has the right to have guns? That concept would be so insane in the 19th century that no one would think to write it down.

    2. Re:But what about the spirit? by Thoreauly+Nuts · · Score: 5, Insightful

      What about the spirit of the 4th amendment? Sure, it may not violate the amendment as it's worded, but was that the intent of it when it was put in?

      The American Constitution is dead. It's an outdated document that has been viciously exploited by the frauds who claim to represent us. What we need to do is to call a Constitutional Convention and rewrite the thing with a clearer and MUCH expanded Bill of Rights.

      In fact, I think that such a convention should be mandatory about every 50 years and there should be very clear rules that each iteration must always err in favor of the rights of the people and never increase the power of government. In fact, it should be mandatory that any increases in power that have occurred in the interim be removed at each convention.

      --
      "Disobedience is the true foundation of liberty. The obedient must be slaves. " ---Henry David Thoreau
    3. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      Really? After Guantanomo? A prison camp established in blatant violation of the spirit of the constitution, that is regularly defended as being O.K. because it's not in violation of the letter?
      Sorry, I don't see that happening anytime soon. You Americans are screwed.

    4. Re:But what about the spirit? by newcastlejon · · Score: 1, Insightful

      I'm not as USian but as an outside observer it seems to me you need a new amendment for the digital age to finally codify the limits on police powers that apply to modern technology.

      If we've learnt anything so far, it's that you can't rely on those in charge to care about the spirit of the law.

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    5. Re:But what about the spirit? by ircmaxell · · Score: 4, Insightful

      Well, to understand #2, you have to understand the times. It was written right after the revolutionary war. A war where the people banded together to fight against their government... They used militias as organized fighting units. So, after the war, they put #2 in there to make sure that people always had the right to form their own militia and fight back against their government if they deemed it tyranical or for any other reason. That's the only way #2 would make sense in the context of how and where it was written. And the fact that it was put as the 2nd amendment (right under the freedom of speech) shows how important they felt it was.

      Sure, it's my interpretation, but it's an educated interpretation based on why I think someone would have written it in the 1880's...

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    6. Re:But what about the spirit? by SydShamino · · Score: 0

      Or the argument that the amendment was written to ensure that every citizen had the right to own a breech-loading musket, which I strongly support, while not written to ensure that every citizen had the right to own any and all types of weapons every made (up to and including nuclear warheads).

      The concept of such a weapon would be so insane in the 19th century that no one thought to write it down, but I'm quite certain that, were such weapons to exist back then, the amendment would have been written to clearly exclude them.

      --
      It doesn't hurt to be nice.
    7. Re:But what about the spirit? by TheNarrator · · Score: 1

      The technetronic era involves the gradual appearance of a more controlled society. Such a society would be dominated by an elite, unrestrained by traditional values. Soon it will be possible to assert almost continuous surveillance over every citizen and maintain up-to-date complete files containing even the most personal information about the citizen. These files will be subject to instantaneous retrieval by the authorities.’
      - Zbigniew Brzezinski, Between Two Ages: America’s Role in the Technetronic Era, 1970

      They've got everything else in place, they're just working on the "instantaneous retrieval by the authorities" part.

      FYI, Zbigniew Brzezinski was carter's national security advisor and co-founder of the trilateral commission.

    8. Re:But what about the spirit? by spottedkangaroo · · Score: 4, Interesting

      This is true. We need an amendment that says -- and I think the more plain English the better -- something along the lines of: communication on the internet is protected in the same way any other communication is protected. It is not a new frontier, it is just another communications tool. For each new communications tool, all previous rights and privileges need necessarily still apply.

      Well, something like that. It should be really broad and obvious. When in doubt, you have the right to say it. When in doubt, the government can't get it without a fucking warrant. Maybe it should just say that (sans fuck).

      --
      Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
    9. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      The breech-loading musket was the M16 of its day.

      "The concept of such a weapon would be so insane in the 19th century that no one thought to write it down, but I'm quite certain that, were such weapons to exist back then, the amendment would have been written to clearly exclude them."
      I think our forefathers would relate more with Islam extremists than our own government. I'm not so sure they would exclude them.

    10. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      Or it was written with the intent that the average citizen would have at his disposal the latest weapon the military had at the time. It did not say each citizen has the right to a musket, powder and a pile of lead, it just the right to bear arms. At the time they had muskets, mobile cannon, as well as merchant ships with enough firepower to over come a military fort and they were owned by citizens. I really think they did not put those limits in at the time because they wanted it that vague.

    11. Re:But what about the spirit? by i.r.id10t · · Score: 1

      user@darkstar:~$ links -dump http://www.law.cornell.edu/constitution/constitution.billofrights.html | grep "the people"
      or of the press; or the right of the people peaceably to assemble, and to
      the right of the people to keep and bear arms, shall not be infringed.
      The right of the people to be secure in their persons, houses, papers, and
      construed to deny or disparage others retained by the people.
      or to the people.

      Why is it that one of these "the peoples" isn't considered to be The People?

      The 2nd is there to provide an absolute last ditch attempt at preserving the freedom of The People. The English trying to limit the arms posessions of the colonists was one of the final sparks needed to start the revolutionary war. And yes, The People have revolted, as recently as 1946 (over voting issues - see the Battle of Athens, Tenn)

      --
      Don't blame me, I voted for Kodos
    12. Re:But what about the spirit? by Kjella · · Score: 3, Interesting

      No normal government will ever tie their own hands. Right after a revolution - be it a war of independence or civil war - is the only time when people wronged by the government will sit in government and have the power to do anything about it. The rest of the time, claw into what you have and don't let go - it's not coming back.

      --
      Live today, because you never know what tomorrow brings
    13. Re:But what about the spirit? by newcastlejon · · Score: 3, Insightful

      Having read some of the comments below I'd suggest you go a step further and impose criminal penalties for any person or company that surrenders personal information to law enforcement without a warrant.

      I may be wrong, but on our side of the pond one of the few cases where an employee can be held individually subject to criminal prosecution is a breach of the Data Protection Act.

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    14. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      Or the argument that the amendment was written to ensure that every citizen had the right to own a hand set printing press, which I strongly support, while not written to ensure that every citizen had the right to own any and all types of transmission media every made (up to and including internet access).

      The concept of such a technology would be so insane in the 19th century that no one thought to write it down, but I'm quite certain that, were such technologies to exist back then, the amendment would have been written to clearly exclude them.

    15. Re:But what about the spirit? by zippthorne · · Score: 1

      I think you would be interested to know where artillery used in the revolution came from. To interpret "arms" as anything other than "any and all arms" just because you're afraid of people sane enough to acquire a massive enough fortune to acquire expensive, gigantic weapons but insane enough to actually do so and further insane enough to use them is to emasculate the constitution as a controlling document.

      If you think the second (or any other) amendments, articles, or clauses should be more permissive of government than they ostensibly are (or more restrictive, also) the proper way to accomplish that goal is to propose additional amendments to the document using the framework the founders already provided for just such an act.

      These powers have been used nearly twenty times since the bill of rights, so they should not be foreign to anyone. There is no need, nor is it desirable, to extend "elastic" clauses to let congresses just "do what I want."

      --
      Can you be Even More Awesome?!
    16. Re:But what about the spirit? by icebrain · · Score: 1

      The general consensus that seemed to be reached in Heller, and which seems to be best supported in the historical evidence, falls somewhere in between.

      The general intent is that weapons of the type typically carried by individual soldiers at the time in question are protected. This would the average rifle, shotgun, and handgun, but wouldn't cover heavy machine guns, rocket launchers, tanks, artillery, etc. It also covers advances in technology within the protected class (moving from smoothbore muzzleloaders to lever-action repeaters to gas-operated autoloaders, for example), but stays within the categories of "things the average soldier carries and uses on his own" and "things we could reasonably expect people to muster with on their own".

      --
      The meek may inherit the earth, but the strong shall take the stars.
    17. Re:But what about the spirit? by Jeng · · Score: 2, Interesting

      My take on it in a more contemporary way is that we are allowed to have guns so that we can assassinate political leaders. Now obviously if one assassinates a political leader you would be charged with murder or treason or just plain dead.

      Why is that my take on it? Well, we aren't exactly allowed to have any weapons that would be effective at fighting the US military so its not like we can exactly revolt. Since the second amendment was put specifically for revolt then assassination would be the modern approach.

      This take on it though supports the US restricting military grade weapons, whether that be assault rifles or artillery. All one needs is a good hunting rifle and a good scope, I doubt those two things are ever going to be outlawed.

      Not too worried about not going AC on this, its not the first time I have posted this.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    18. Re:But what about the spirit? by unix1 · · Score: 5, Insightful

      What about the spirit of the 4th amendment? Sure, it may not violate the amendment as it's worded, but was that the intent of it when it was put in?

      But it DOES violate. From their own argument:

      "a customer's Fourth Amendment rights are not violated when the phone company reveals to the government its own records"

      Just because there's a 3rd party (phone company) involved doesn't mean 4th amendment goes out the window. The 4th amendment doesn't have an asterisk that says "(*) doesn't apply when facilitated by a 3rd party." The right is there to protect people from government's abuse of power. The issue is what the government can and cannot do, regardless of whether they are able to hire/convince a 3rd party to do it for them.

      In fact, if the above argument stands as is, we can freely plug in other variables in that statement:

      a customer's Fourth Amendment rights are not violated when:

      - phone company reveals to the government its own customer call detail records
      - hotels reveal to the government their guest check-in/out records
      - credit card companies reveal to the government their customer purchase records
      - libraries reveal to the government their book lending records
      - dry cleaners reveal to the government their customer records
      - etc.

      Where does it stop? And all this without a warrant or a probable cause? How does it not violate?

    19. Re:But what about the spirit? by AthleteMusicianNerd · · Score: 5, Insightful

      It is not outdated. Politicians take an oath to uphold the constitution, but don't. They should be thrown in jail. There is no interpretation of it, it's very easy to read and understand. The Founding Fathers were well aware of the consequences of the actions we're taking in government now because they lived through it in Britain. That's why you hear quotes from very smart men such as Benjamin Franklin saying "If we restrict liberty to attain security we will lose them both." We've seen that actually play out since Sept. 11th. Or other ones like "Remember that time is money." which also continues to hold true.
      Just because there is new technology, does not change the ways laws should be enforced. A cell phone conversation is no different from a land line conversation which is no different from sending a letter. If you intercept a letter, it's a violation of privacy just as it would be to listen to someone's cell phone conversation. The government would like people to believe that there's a difference so they can continue on their malicious ways of fascism.

    20. Re:But what about the spirit? by ircmaxell · · Score: 1

      Well, by that notion, where are my hand grenades, C4 and tracer/incendiary rounds?

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    21. Re:But what about the spirit? by flaming+error · · Score: 2, Interesting

      I hearitly agree with what you're saying, except for the "MUCH expanded Bill of Rights". The Constitution was not intended to be a blacklist of things the government can't do; it's a whitelist of things they can do. If it's not in the whitelist, they can't do it.

      So counter-intuitive though it may seem, if any list needs to be expanded it's the whitelist of things they can do, along with a generous helping of pounding it into their heads that if it's not enumerated as one of their powers, and they try it anyway, they will face an empowered and unsympathetic justice system, be they subcontracted goons or Presidents.

    22. Re:But what about the spirit? by jofny · · Score: 1

      The Constitution is perfectly fine. At any point in time, we could elect other people than the farktards we elect now (over and over again). It's a brilliant document that assures we all get the government we deserve.

    23. Re:But what about the spirit? by Golddess · · Score: 1

      While I would prefer it to require a warrant, we're not talking about intercepting a letter here. We're talking about asking the post office where letters that John Smith sent got picked up from, and maybe where they were sent too.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    24. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      The 2nd says "arms" it mentions nothing about whether they are military-grade or not; in fact, it is implied they are military-grade.

      The idea being that the citizens should have the ability to defend against a rogue government (foreign or domestic).

    25. Re:But what about the spirit? by Aqualung812 · · Score: 1

      Well, we aren't exactly allowed to have any weapons that would be effective at fighting the US military so its not like we can exactly revolt.

      Have you been learning anything about the current wars in Iraq or Afghanistan? The people fighting the USA don't exactly have F-16's and tanks, but they've outlasted the armies of the Axis in WWII.

      --
      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    26. Re:But what about the spirit? by Jeng · · Score: 1

      Let me know when you can buy an RPG at your local gun store. Or perhaps some high explosives? Shit man, even fertilizer is restricted.

      I've been wondering when the US government will get around to outlawing primers which would totally gut the 2nd amendment.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    27. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      The Constitution was intentionally left broad so as not to need new specific laws for specific circumstances. Also, it doesn't grant us rights; it limits the power of the government to infringe on our rights. The issue, as always, is in the interpretation. And don't forget: just because you don't agree with another person's interpretation doesn't necessarily mean that their interpretation is wrong.

    28. Re:But what about the spirit? by Jeng · · Score: 1

      Oddly enough though, Thermite is completely legal to purchase.

      http://unitednuclear.com/index.php?main_page=product_info&cPath=16_17_69&products_id=208

      --
      Don't know something? Look it up. Still don't know? Then ask.
    29. Re:But what about the spirit? by lidocaineus · · Score: 4, Insightful

      I'm not as USian

      Clearly, or you wouldn't use such a retarded word that no one in the North or South American continents actually uses because they don't care one whit about the nomenclature and usage of the word "American". I stopped reading right there.

    30. Re:But what about the spirit? by NeutronCowboy · · Score: 2, Insightful

      What we need to do is to call a Constitutional Convention and rewrite the thing with a clearer and MUCH expanded Bill of Rights.

      Oh HELL no. I can tell you what that leads to: the abomination that is the EU constitution. About 200 pages in small print.

      No, No, and No.

      I love the US Constitution because it is short and specific. Everyone can read it over a lunch break. It covers broad areas and puts lower (or upper) limits on what can be implemented, but doesn't spell out the legalistic details. Please don't touch it. There are a few issues with it, but nothing that requires a wholesale rewrite. And for the record - the issues I refer to are not the second amendment, but much more so the Bill of Rights, because suddenly people think that those are all the rights there are.

      --
      Those who can, do. Those who can't, sue.
    31. Re:But what about the spirit? by edrobinson · · Score: 1

      Yes and we'll send the corporations as our representatives at the convention.

    32. Re:But what about the spirit? by Sandbags · · Score: 1

      How about the spirit of the 5th amendment??? You know, the clause where taking your life, liberty, or property simple requires DUE PROCESS?

      The description of a warrant in Am4 defines what it must include, but not when it must be issued. Due process based on an active case, reasonable suspicion, and/or probable cause is enough to search your person, possessions, and question you. They can not enter your home without a warrant, but in public, that's a different story...

      Anywhere you go not on your own property, you are in public, including entering and leaving someone else's property, and any officer so dispatched could follow you and collect this information contained in your GPS records. Further, the supreme court also rules that a tracking device, not an officer, could equally be used in the efforts to follow a suspect, following due process, without warrant.

      This request by the administration is simply an extention of existing, upheld law to a centralized system.

      you have every right to disable the location service in your personal device, with the exception of when communicating with 911 services, or, if BY WARRANT, it is remotely activated.

      --
      There is no contest in life for which the unprepared have the advantage.
    33. Re:But what about the spirit? by DutchUncle · · Score: 1

      That's why you hear quotes from very smart men such as Benjamin Franklin saying "If we restrict liberty to attain security we will lose them both." We've seen that actually play out since Sept. 11th.

      And which party was most of that done by, between 2001 and 2009? The one that keeps insisting on *less* government intrusion . . . except when it suits them. Not that I'm happy with the changed administration going along with much of the same.

    34. Re:But what about the spirit? by Sandbags · · Score: 1

      Yup. this is information any cop could obtain simply by following you.

      Also, lack of a warrent does NOT imply lack of due process, which in AM5, as opposed to Am4: search and seisure, they CAN take your life, liberty, and/or proerty simply by DUE PROCESS (which the supreme court rules a warrant may or may not apply based on circumstances, the detail of information collected, and whether or not sealed/locked property is invaded.

      --
      There is no contest in life for which the unprepared have the advantage.
    35. Re:But what about the spirit? by mantis2009 · · Score: 1

      You must hate privacy then. If a ConCon was held today, do you seriously think there would be a protection against unreasonable searches and seizures written into it? Not a chance. There is an amendment process -- it's good enough for changes to the Constitution. And as long as you accept the idea that the Constitution is a living document (aka - you're not a radical conservative), then even the 200 year old stuff in our Constitution works pretty damn well today.

    36. Re:But what about the spirit? by Sandbags · · Score: 1

      but this is not COMMUNICATION. This is positional data over a period of time. no different than can be collected through OTHER means which themselves do not require a warrent (collecting call records, credit/banking records, or simply following you in public does NOT require a warrant). Furether, use of a tracking device in place of an officer to track your activity has already been upheld by the supreme court, so long as DUE PROCESS is observed.

      in this case, associating the charge back from Verizon to the police for their access to the cell call/location history file to an active open case number is the process of law. Failure to do so? Failure to document cause for access? YES, that's illegal. Typing your cell phone to an open case and requesting the data is NOT a warrant requiring action. this is simply another "associative" data point, not considered private information. it's not a recorded call, it;s not private conversation, it;s where you went and when, and it;s only useful in an active investigation.

      the government's not CONNECTING natively and indexing this system, they have to make ONE-AT-A-TIME requests, for particular people in particular time ranges, and pay EACH TIME THEY DO.

      This is not information they can't already piece together for just about everyone anyway (from street cameras, purchase records, time clocks at work, call history, and more). it;s just a simpler and more accurate way of getting the SAME data.

      --
      There is no contest in life for which the unprepared have the advantage.
    37. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      ...continue on their malicious ways of fascism.

      You fucking read my mind man.

      K0Z4M

    38. Re:But what about the spirit? by Sandbags · · Score: 2, Informative

      You forget the 5th amendment, for which with DUE PROCESS alone, the government CAN take your life, liberty, or property, with restrictions.

      However, that's irrelevant. There's nothing PRIVATE about where you went in public, where any officer so deputized could simply have followed you. Federal district court already rules that simply with due process, cops could place a tracking device on your car, in lieu of following you with manpower, given probable cause in an active case, and following due process. The supreme court chose not to hear the case, thereby affirming the ruling.

      Your actions in public are not private. WHO you called, and who you sent/received mail from (electronic or post) is not private either. Only the CONTENT of that communication is private, and what you do behind closed doors. This is NOT illegal. This has been backed REPEATEDLY in court. they STILL have to have due process to do this or you can still sue. They can't simply scan and log all this data for government use, it has to be a request-by-request access for active case work/investigations, and clearly documented. it simply does not require additional, advance, signature from a 2nd branch of government, that's the ONLY difference.

      As for your list, the only one the government can not ALREADY do without a warrant is get a customer list from a reseller. (though most will give this up willingly, and you can NOT sue the reseller if they do, unless you have a written agreement/contract with them explicitly for them to refuse to release that information, since it is their information).

      They do not need a warrant, but they need BOTH probable cause and due process. A warrant is just pre-approved due process, nothing more, and only applies where "reasonable" search is questionable or invasive, and when/how that is applied is a rule set by the supreme and other courts throughout our history.

      --
      There is no contest in life for which the unprepared have the advantage.
    39. Re:But what about the spirit? by Anonymous Coward · · Score: 1, Insightful

      I think people misread this. The Second Amendment says: "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed." If you read it carefully, you will understand that the point of the amendment is: "The people have the right to keep and bear arms in order to regulate the militia." This should be obvious by the definition of "regulate."

      The Framers had just finished fighting a war against an oppressive power who used their troops against the people, which is also the reason for the 3rd Amendment (forcing people to quarter troops against their will). The intent of the Second Amendment is to allow people to protect themselves from the government.

    40. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      Obama: "Chains you can believe in..."

    41. Re:But what about the spirit? by infinite9 · · Score: 1

      So, after the war, they put #2 in there to make sure that people always had the right to form their own militia and fight back against their government if they deemed it tyranical or for any other reason.

      I agree. But just to be clear, people need to have guns, personally, before they decide to form a militia. Otherwise, they may find themselves unable to arm themselves when they finally get together.

      Of course, all of this is moot. When the corporatocracy finally seizes complete control, they can limit guns as much as they want because it's large corporations that make the guns or, more importantly, ammunition.

      --
      Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
    42. Re:But what about the spirit? by infinite9 · · Score: 1

      I'm not as USian but as an outside observer it seems to me you need a new amendment for the digital age to finally codify the limits on police powers that apply to modern technology.

      If we've learnt anything so far, it's that you can't rely on those in charge to care about the spirit of the law.

      Who would write the amendment? Politicians? Lobbyists? Or would large corporations just write it and hand it to congress Paulson-style? Regardless, I'm certain that the people wouldn't be writing the amendment. You may as well ask the fox guarding the hen house to design a security system to keep the hens safe.

      It's too late for that. The only options that are left are fascism or revolution.

      --
      Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
    43. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      elitism is a poor substitute for intellect.

    44. Re:But what about the spirit? by infinite9 · · Score: 1

      This is true. We need an amendment that says -- and I think the more plain English the better -- something along the lines of: communication on the internet is protected in the same way any other communication is protected.

      They'll vote on that right after they vote to outlaw lobbying.

      --
      Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
    45. Re:But what about the spirit? by russotto · · Score: 1

      but this is not COMMUNICATION. This is positional data over a period of time. no different than can be collected through OTHER means which themselves do not require a warrent (collecting call records, credit/banking records, or simply following you in public does NOT require a warrant).

      Poking around in my banking records or collecting call records sure as hell should require a warrant. As for following me around in public, yes, they may do that. That does not mean that any other means to the same end (finding out where I go) is also legitimate.

    46. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      And in any case, people further away usually call people in the US "Yankees"... I suspect OP is not from Earth.

    47. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      I'm not as USian

      Clearly, or you wouldn't use such a retarded word that no one in the North or South American continents actually uses because they don't care one whit about the nomenclature and usage of the word "American". I stopped reading right there.

      What? I prefer the word Americese. Mainly because it describes my ethnic background as well as my language!

    48. Re:But what about the spirit? by Anonymous Coward · · Score: 1, Informative

      It's hardly elitism when the "USian" isn't even properly used and you want someone to communicate properly. You don't called people who live in the UK "UKians". If you want to be pedantic, you use "he/she is a United States of American" even though NO one would say that (they'd say he's from, or he's a citizen of). THIS is where there shortening comes from, not from some sense of grabbing the entirety of two continents.

    49. Re:But what about the spirit? by MooUK · · Score: 1

      I've often wondered what would happen if that had instead been "the right to keep and arm bears".

      It would make for an interesting world, I'm sure.

    50. Re:But what about the spirit? by Thoreauly+Nuts · · Score: 1

      It is not outdated. Politicians take an oath to uphold the constitution, but don't. They should be thrown in jail. There is no interpretation of it, it's very easy to read and understand.

      I agree with you in "spirit" (hehe), but they aren't being thrown in jail and there is quite a lot of arguing over interpretation so something needs to be done. Maybe my answer isn't the right one, but there still needs to be one.

      --
      "Disobedience is the true foundation of liberty. The obedient must be slaves. " ---Henry David Thoreau
    51. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      I'm not as USian

      Clearly, or you wouldn't use such a retarded word that no one in the North or South American continents actually uses because they don't care one whit about the nomenclature and usage of the word "American". I stopped reading right there.

      So because you don't use the same terminology as someone within Northern, Southern and Central America your opinion is null and void?

      I guess i should stop listening to Australians because they call me a Limey. No one in Britain uses that term.

    52. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      my point was that you ignored his point and picked on his grammar instead. You are correct, but the fact you said you stopped reading after you found an error suggests you have the intellect of a program compiler.

    53. Re:But what about the spirit? by jeff4747 · · Score: 1

      but it's an educated interpretation based on why I think someone would have written it in the 1880's

      [snark] Your education should have included that the Bill of Rights was written before the Civil War. [/snark]

      Looks like you have the wrong century there.

    54. Re:But what about the spirit? by JesseMcDonald · · Score: 1

      In fact, I think that such a convention should be mandatory about every 50 years and there should be very clear rules that each iteration must always err in favor of the rights of the people and never increase the power of government.

      One way to accomplish this would be to require the government to abide by every version of the Constitution (incl. amendments), not just the latest version. Any action which is any version of the Constitution does not permit would thus be unconstitutional. In this way no amendment or Convention could grant the government additional powers.

      There's still the issue of loose interpretation, unfortunately. That's where the original Constitution mostly went wrong—they seem to have assumed that their successors would share their ideals, or at least refrain from deliberately twisting their words. In retrospect that was a very poor assumption.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    55. Re:But what about the spirit? by The+End+Of+Days · · Score: 1

      The more you pay attention to the party game, the more crap they get to float by you because "your guy" did it. It's a beautiful con that no less a person than George Washington warned us about. Good job listening, fools.

    56. Re:But what about the spirit? by Sloppy · · Score: 1

      This sucks, because I really do think of myself as a civil libertarian and I want to improve everyone's privacy. But I'm going to have to disagree with you.

      The problem is that they're not invasively violating you to get this information. You broadcast the data. If we try to set policies where the government is not allowed to use information that has been already physically and voluntarily surrendered, then those policies are ALL we'll have which protects our privacy. Anyone (government, common criminals, whatever) who is willing to break the law, will get what they want. And we'll never know it's happening. We lose.

      I really think we shouldn't extend legal privacy protection to data that is shouted or carelessly tossed into the wind. That can only provide the illusion of privacy(*). Instead, we ought to make the law fairly nasty and scary on this kind of thing, and say that if you broadcast your position to the world, if you send unencrypted emails through countless other peoples' systems, then it is fair game. I don't want to read in the paper that this information is protected and can only be read by criminals and people with warrants. I want to read in the paper that all my unencrypted email is available on a bulletin board in the town square, and that my cell phone's location information is being sold to the Coca Cola company and the Church of Scientology and the Aryan Nation. And I want everyone to read the same thing, and be scared.

      Because then we'll have the motivation to provide real privacy. Technology is on our side, and if we really want our remote communications to be private, we don't need the law for that anymore. Keep the 4th amendment's application 18th century, because the scenarios that the framers had in mind, are pretty much the only ones where we still really need that protection. Any modern extensions or analogies, turn out to be things that we can handle on our own (and win!), whether the attacker happens to have a warrant or not.

      Start taking reasonable steps to protect privacy, because really, we just aren't doing that right now. Don't listen to what a lawyer says is "reasonable"; listen to what a paranoid cypherpunk says is reasonable.

      Worry about thugs breaking down your door and shooting your dog. You can spend millions of dollars on fortifications and guns and still not be safe, which is why we need a law for that. Don't worry about them trying to crack AES; that's something to giggle about instead, where you can beat a multibillion dollar attacker with a hundred dollars worth of equipment. Don't worry about them trying to figure out which connection to a proxy is from your phone; worry about designing a protocol that makes it a hard problem for even the proxy itself.

      (*) And actually it's even worse than just providing a false illusion. If we start acting like some sorts of careless broadcast as sacrosanct, but some aren't, then there's going to be a shitload of gray area in between. You'll never codify all that stuff correctly, and no citizen is going to be able to keep up with the case law. Eventually you're going to carelessly broadcast a secret with the intent of storing it unencrypted on some random server with no accountability to you, and not only will your data be unprotected, but you won't even know its legal status. Nor will most judges. It's easier to encrypt than spend money on lawyers.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    57. Re:But what about the spirit? by mhajicek · · Score: 1

      Just because your right to be armed IS infringed upon doesn't mean is SHOULD be. There should be no limit to what weaponry a private citizen should be allowed to make, buy, sell, or possess. It SHOULD be fully legal to walk down the street with an RPG on your shoulder. Denying you that right is infringement.

    58. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      Sure, it's my interpretation, but it's an educated interpretation based on why I think someone would have written it in the 1880's...

      I hate to break it to you, but we had the 2nd amendment before the civil war.

    59. Re:But what about the spirit? by unix1 · · Score: 1

      There's nothing PRIVATE about where you went in public, where any officer so deputized could simply have followed you.

      That would be true only if you could guarantee that the cell phone towers only track locations when a person is "in public." That's not possible. Just because you have a cell phone does not mean that you are "in public." You could be at home, or at a private property. In fact, that's probably the case for most of the time.

      As for your list, the only one the government can not ALREADY do without a warrant is get a customer list from a reseller.

      And why not? By that same logic, they could theoretically have posted an officer inside every single business and watch the employees as they handle customers or customer records. Hey, as long as the business "cooperates" (wink, wink) that's just a matter of manpower. So now virtually no information is private and none require a warrant, right?

      (though most will give this up willingly, and you can NOT sue the reseller if they do, unless you have a written agreement/contract with them explicitly for them to refuse to release that information, since it is their information).

      Absolutely right. This is not about what a private entity may or may not do. This is about what the government needs a warrant for.

    60. Re:But what about the spirit? by Eil · · Score: 1

      In fact, I think that such a convention should be mandatory about every 50 years

      To this, I would like to respond not just no, but HELL NO. The Constitution has done a relatively good job of preserving the vision of our founding fathers for more than 200 years precisely because its terms are plain and very, very static. This was a deliberate choice by the writers of the constitution. They wanted this document to be the concrete law of the land to prevent future generations of politicians and judges from mucking it up for their own agendas, against the general interest of the people. They knew they had only one shot at getting the foundations of the country's law right, that's why they made the Constitution's provisions permanent. Even though certain individuals, agencies, and organizations manage to subvert the spirit of the Constitution from time to time, it's simply amazing that the overall structure of our government and legal system as a whole has not changed dramatically since the country was founded.

      Who exactly do you think is going to rewrite the Constitution? If something as mundane as health care reform can end up so wildly out of control with conflicting interests, special favors for lobbyists, and sausage making, what do you think is going to happen when they try to rewrite the document that forms the basis of our entire country? The primary purpose of the Constitution is explicitly give rights to the people and limit the power of the government, why on earth would you want to even risk having such an important foundation taken away?

      Finally, rewriting the Constitution would be simply, well, unconstitutional.

    61. Re:But what about the spirit? by Eil · · Score: 1

      I agree with you 100%, but the government has been flouting the spirit of the 4th amendment for quite some time. For example, it's illegal for a government agency (say, the CIA) to collect detailed dossiers on citizens without any suspicion of wrong-doing. However, it's not illegal for a company to do it. So when the government takes a sudden interest in you, they just buy your file (containing everything from physical addresses to magazine subscriptions) for $30. The end result is the same, but the process skirts the wording of the law.

      Just because there's a 3rd party (phone company) involved doesn't mean 4th amendment goes out the window.

      They probably think that they're in the clear now since a judge recently dismissed EFF's case against the NSA for its warrantless wiretapping program. If this decision holds, there's really not much that can be done about companies simply offering up their records on citizens to the government of their own free will.

    62. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      You stopped reading at the fourth word but apparently didn't notice that he's not American. Some people do care about the distinction, even - judging by the UID - a n00b. Maybe next time you should finish reading the whole comment and put something constructive in your reply instead of some petty technicality.

      Oh, wait, I just remembered what site this...

    63. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      It's hardly elitism when the "USian" isn't even properly used and you want someone to communicate properly. You don't called people who live in the UK "UKians".

      Nor do you call them Britons, which may be the closest thing but excludes NI

      If you want to be pedantic, you use "he/she is a United States of American" even though NO one would say that (they'd say he's from, or he's a citizen of). THIS is where there shortening comes from, not from some sense of grabbing the entirety of two continents.

      Let me get this straight - to be pedantic you'd use what you know to be the wrong form? Give the guy a break and be grateful he didn't just plump for 'Yank' like most other Brits would, or at least rip on him for the "as" rather than "a".

    64. Re:But what about the spirit? by newcastlejon · · Score: 1

      You have me there; I just assumed that something as major as an amendment would call for a referendum, but a quick look on wikipedia tells me that they don't happen at the national level in the US. The UK isn't much better in practice; we only get democratic goodness when Gordo thinks he can't fail (Switzerland here I come!).

      It's probably bad form to mention this but fuck it, Troll? Flamebait?! Is this the normal reaction when an outsider passes comment on US law? Is an Englishman persona non grata here or was my feeble attempt at a concise collective term for the citizens of the US really that bad?

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    65. Re:But what about the spirit? by npsimons · · Score: 1

      So, after the war, they put #2 in there to make sure that people always had the right to form their own militia and fight back against their government if they deemed it tyranical or for any other reason. That's the only way #2 would make sense in the context of how and where it was written. And the fact that it was put as the 2nd amendment (right under the freedom of speech) shows how important they felt it was.

      Okay, here's a serious question: how are you supposed to form a militia if you don't already have weapons? If the government won't "allow" you to have weapons as an individual, what do you think they're going to say when you come asking for them in a mob?

      I'm no gun nut; I don't even own any; in all honesty, I do have a number of friends who might be considered borderline gun nuts, but I don't take their opinions at face value. My problem has always been that banning items, rather than actions, just seems wrong. For instance, banning encryption. A quote I once saw on slashdot put it thus: banning instruments rather than acts indicates a belief that man is not worthy of his own free will. Or as a pro-choice quote put it: if you can't trust me with a choice, how can you trust me with a child? Why even allow me to vote if you don't trust me enough to own certain items? Granted, some people shouldn't be allowed to handle guns (such as those who murder with them), but to claim no one should have them? Even if it is a nice idea, until you come up with a perfect, incorruptible government, weapons will be necessary. Some would argue that an armed populace is a perfect government, because who needs government thugs to protect you when you can protect yourself? Guns are a wondrous equalizer; they can allow old ladies to defend themselves against even the biggest of brutes.

      So while I agree that maybe the militia line in the 2nd specifies extenuating circumstances, in principle I believe that free people should be allowed to bear any tool they please, as long as they don't use it to inflict harm or force their will on another.

    66. Re:But what about the spirit? by sjames · · Score: 1

      Honestly, there is little way to misinterpret it unless you are bound and determined to. In a court system that has lawyers arguing that up is down, no language can help.

    67. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      Thank you.

    68. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      Does the Constitution even apply to Citizens (not Sovereigns!) when these Citizens fall under Admiralty Law?

    69. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      How is this modded +5 insightful? I know most slashdot readers are Americans (I am too), but this was a very angry reply. Love the American-centric view of the world always..

    70. Re:But what about the spirit? by Sandbags · · Score: 1

      Well, if doesn't. It requires DUE PROCESS. You fail to understand the significance between that and a warrant. It;s simple.

      With Due Process, certain things are approved to be done by officers and the government without prior approval or oversioght by the courts. On other things the court asks for a warrant, which simply put, is them pre-approving the collection of evidence. If you used Due process, they can choose oversight at TRIAL time and remove the evidence, if they have a warrant they pre-approved the evidence for trial, that's IT.

      Due process is follower in either case. Without Due Process, it's "unreasonable" search, is automatically thrown out of court, and the person/department who conducted the search is subject to potential civil and criminal penalty.

      i know a lot of cops. they all have families. NONE of them would EVER violate due process in collecting data. All it gets them is either fired, or a criminal's lawyer laughing at them in court as they leave free.

      Occasionally, someone does illegally access data. it;s makes NATIONAL news, and they go to jail, locked up for years or decades with the people they put there.... That's ALLWAYS in their minds, and it's a place worse than hell for them. A cop in prison is almost a death sentence (and often is), especially since the other cops will often disrespect them as their actions make the public fear the other honest, good cops.

      --
      There is no contest in life for which the unprepared have the advantage.
    71. Re:But what about the spirit? by Sandbags · · Score: 1

      1) You can go somewhere private, and we still saw you go there.
      2) This data is tower location only, not GPS coordinates, it's only accurate to parts of a MILE, not feet or meters. If it gets you within a few city blocks it's doing well....
      3) lack of a warrant does NOT imply lack of Due Process. Nor does it imply lack of cost or manpower. Tracking you via cell (which is not real time, just history data btw), is more efficient yes, but still requires manpower, an active case file to bill the cost against, and a reason to do so.

      See, you don;t even understand what a Warrant is, and that's your problem. When evidence comes to court, it's reviewed by a judge for admission. A warrant is simply ADVANCE APPROVAL to collect the evidence. If they follow DUE PROCESS instead, for thing's they're allowed to, the judge STILL gets to determine if it was validly collected, and rejects it if he determines a warrant should have been used. If it was simply collected WITHOUT due process, it was ILLEGALLY collected and an invasion, and the cop gets fined or fired or imprisoned depending on the severity of the invasion.

      --
      There is no contest in life for which the unprepared have the advantage.
    72. Re:But what about the spirit? by RNelson · · Score: 1

      "Estados Unidos (de América)" = United States (of America)
      "estadounidense" = citizen thereof

      A rough translation of the word for a citizen of the US, Spanish to English, is "United Statesian."

    73. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      These are must reads for every American:

      "When you enter a court room and come before the judge and the U.S. flag with the yellow fringe flying, you are put on notice of the law you are in. American's aren't aware of this, so they continue to claim Constitutional rights. In the Admiralty setting the constitution does not apply and the judge, if pushed, will inform you of this by placing you under contempt for continuing to bring it up. If the judge is pressed, his name for this hidden law is statuary law. Where are the rules and regulations for statutory law kept? They don't exist. If statuary law existed, there would be rules and regulations governing it's procedures and court rules. They do not exist!!! "

      Source: http://barefootsworld.net/admiralty.html

      http://supremelaw.org/authors/freeman/freeman5.htm

    74. Re:But what about the spirit? by ircmaxell · · Score: 1
      Actually, not true. Read article 3, section 2, clause 1 of the constitution. Actually, I'll quote it here:

      The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of Admiralty and Maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States, between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects

      Basically, it's saying the federal law and judicial power (governed by the constitution) is enforceable in those settings.

      http://caselaw.lp.findlaw.com/data/constitution/article03/

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    75. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      IT IS OUTDATED for most:

      "When you enter a court room and come before the judge and the U.S. flag with the yellow fringe flying, you are put on notice of the law [ADMIRALTY law] you are in. American's aren't aware of this, so they continue to claim Constitutional rights. In the Admiralty setting the constitution does not apply and the judge, if pushed, will inform you of this by placing you under contempt for continuing to bring it up. If the judge is pressed, his name for this hidden law is statuary law. Where are the rules and regulations for statutory law kept? They don't exist. If statuary law existed, there would be rules and regulations governing it's procedures and court rules. They do not exist!!! "

      Source: http://barefootsworld.net/admiralty.html

      http://supremelaw.org/authors/freeman/freeman5.htm

      http://www.reddit.com/r/CommonLaw/comments/7504v/welcome_to_the_common_law_subreddit/

    76. Re:But what about the spirit? by i.r.id10t · · Score: 1

      Tracers and incendiary are easy to get and not restricted on a federal level. Some states restrict them due to fire hazzards.

      You can get grenades too, pay your $5 destructive device tax per item and then buy 'em. C4 is also available, just jump thru the hoops.

      --
      Don't blame me, I voted for Kodos
    77. Re:But what about the spirit? by AthleteMusicianNerd · · Score: 1

      A good start would be to stop electing career politicians. People need to realize that Republicans and Democrats are in bed with each other. The biggest problem in this country(and all countries) is the use of a fiat currency. The founding fathers were well aware of this danger, and that's why they said that only Gold and Silver can be used as legal tender. However, you'd be thrown in jail today if you used either of them.

      Since the government controls the money supply by issuing dollars that have nothing standing behind them, they can do whatever they want without any resistance. If we used sound money, the government wouldn't be allowed to up a number in a computer to create more money.(Effectively counterfeiting. Of course they use terms like quantitative easing to make it sound better). If they didn't have this money, they wouldn't be able to control every aspect of people's lives.

      What the general population doesn't realize is that as a collective unit, we actually have way more power than the government does. Since it's us that carry out their orders. We control our labor, and we don't have to give it away for the depreciating dollar. We can stand up to them and demand that we use sound money so that we can bring integrity back to the financial system. If we organized ourselves effectively, there would be nothing they could do.

    78. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      I'm sure most people would rather be called a Yank than slang which has nothing but elitist correctionism attached to it (USian).

    79. Re:But what about the spirit? by Anonymous Coward · · Score: 0

      No. I just have a downward limit to which I'll acknowledge you. Similar to how I ignore an ant underfoot, I ignore those whose contextual hints at their intellect indicate that listening / reading further would actually cost ME more time than to give them the benefit of the doubt.

    80. Re:But what about the spirit? by unix1 · · Score: 1

      1) You can go somewhere private, and we still saw you go there.

      Not necessarily. You can sit in the back of your friend's tinted car and travel directly from one covered garage on a private property to another. Nobody will see you go anywhere. Yet tower records may have the info. So, tower records are not exactly a replacement of manpower capturing publicly available information.

      2) This data is tower location only, not GPS coordinates, it's only accurate to parts of a MILE, not feet or meters. If it gets you within a few city blocks it's doing well....

      That's undisputed. However, you also have to consider that when the technology improves, these precedents and laws will be used to gain more power from it. What if 2 years from now towers could track you within a couple of city blocks? Later within a block? A half a block? What's an acceptable limit? All the while the issue is not this limit, the issue is ultimately to prevent abuse of power.

      3) lack of a warrant does NOT imply lack of Due Process. Nor does it imply lack of cost or manpower. Tracking you via cell (which is not real time, just history data btw), is more efficient yes, but still requires manpower, an active case file to bill the cost against, and a reason to do so.

      It can be both real-time (or near real-time) and historical.

      You are right - the lack of warrant does not necessarily mean the lack of due process of law - unless - the law says you cannot do certain things without the warrant; in which case, it does mean there's lack of due process if you do it anyway.

    81. Re:But what about the spirit? by Rich0 · · Score: 1

      Then they can follow you. They don't need to pull your cell phone records.

      Essentially this amounts to having somebody follow everybody every minute of the day without any indication that they are committing a crime, and then looking back at these records once somebody becomes a person of interest, even if they STILL don't have evidence that they may have committed a crime.

      What is wrong with warrants? All they need to do is show a judge probable cause that somebody did something wrong.

      The next thing we'll see is the phone company asked for everybody who was within half a mile of a place where a crime was committed so that they're all automatic suspects.

    82. Re:But what about the spirit? by Sandbags · · Score: 1

      1) turn of locate if you want to be private. It's only turned on otherwise by a warrant (yes, a warrant, not just due process), or when you dial 911 and your phone switches to the secure mode for doing so.
      2) When the technology improves, congress will again have to REQUEST further access, and if a judge sees that as getting too private, it will become a warrant-able request. That's on a technology by technology basis for now, and thus far it's working.
      3) it's real time only when they click "refresh" over and over (and pay for each click). I've seen this system hands on. I doubt you have. A local department was criticized for having several thousand requests (in excess of the local population count in a year) for access for data during a public records search about a year ago, but when the data was actually analyzed, they found it was for only a couple hundred suspects, with multiple hundred requests in short periods of time.

      --
      There is no contest in life for which the unprepared have the advantage.
    83. Re:But what about the spirit? by unix1 · · Score: 1

      1) turn of locate if you want to be private. It's only turned on otherwise by a warrant (yes, a warrant, not just due process), or when you dial 911 and your phone switches to the secure mode for doing so.

      That's fine, but missing the point. The argument made was that tower records are a replacement for collecting publicly available information. They are NOT. Whether you have the cell phone with you, on/off, location feature activated or not has no effect on the original argument.

      The Fourth Amendment is not about what private entities may or may not do - i.e. it doesn't say "everyone shall have a right to a feature to disable electronic tracking by the government." The Fourth Amendment very clearly says what the government can and cannot do.

      I don't disagree with you on the rest of the points. And I'm sure most law enforcement officials are doing their jobs in good faith and they are fair and impartial; and they don't intend to intentionally harm anyone, or violate anybody's privacy or other rights. A lot of the times it's not an easy job to do and I have a great respect for those people.

      However, that doesn't mean we abandon our rights, or stop taking them seriously. And there has been nothing said at this point that convinces me that what they propose does not violate the Fourth Amendment.

      But anyone is free, like you said, to go to the Congress and ask them to repeal the Fourth Amendment or change its wording to what they think it should be. Either that, or the Supreme Court will hopefully clarify it for everyone.

    84. Re:But what about the spirit? by Sandbags · · Score: 1

      If you're making an express effort to be private (traveling in tinted cars from behind private doors) then you'll also equally have the ability to disable locate. There's no difference. 1 in 10,000 people go to that effort, and the law is not made for exceptions, it's made for the general wellbeing and protection of the people. 1 in 10,000 is not the "people" We make exceptions to the law, and we make exceptions in court. If they do collect this data they can legally collect, a judge can still throw it out, and even due process may not be good enough for the cop you;re suing if his justification was "just in case". All invasion by investigation must have an explicit planned result before it is collected. Besides, we could just as easily follow EVERY car leaving a residence to target sites and back, and have "reasonable" ideas as you your location.

      However, this level of privacy ONLY applies to those SEARCHED. If you're hiding from locate, and we want you, they'll just GET A WARRANT and remotely turn it on anyway... If you put a warrant in the way, and they have due process, they'll get the warrant, whether or not you;re really a suspect, simply as long as you're associated and there's due process. If you;re not associated, they're NOT looking you up, as this search has ELECTRONIC PROOF, further, nothing is stopping the phone company from NOTIFYING you that you were pinged (many do, as soon as the investigation is closed), nor does anything prevent you from cross checking them by making a FIA request to FIND OUT if they're snooping on you (as the billing record of them searching your locale would be public documentation, even though any active case would not be).

      If you have no concerns about being watched by ordinary citizens in public (which is statistically orders of magnitude more dangerous to your person and your privacy than being watched by authorities), then this system has no implications. It's also not a real time monitored nor a random system, and is only activated through due process. if they were tracking everyone everywhere, we'd have issue for sure. Of course, your PHONE COMPANY IS TRACKING YOU, and the data they collect IS for sale (it's just anonymized, which on a large scale, is how the government would see it themselves, just a mass data set).

      All you're saying is, essentially, in exchange for a judges purview after data is collected on a suspect (due process of evidence admission), you want it done first (warrant), and done every time. This increases costs and puts strain on the court system, but offers a tiny bit of public assurance (keeps the paranoid like you happy). However, the REALITY is that if due process is brought to a judge for a non-invasive electronic location search of a suspect, it would ALWAYS be permitted, so in essence, this request buys NO ADDITIONAL PROTECTIONS. That is the deminition of the rule for when the supreme court determines something requires or does not require a warrant. Would, in reasonable cases, a request for a warrant ever be denied? No? no warrant required. Done. This is such a common and approved request, like pulling phone records, no judge provided probably cause would ever refuse. Since regardless of the scenario, whether they pull the data with or without a warrant, should it effect your life or freedom on any level, a judge reviews it either way. If he deems at a later point that due process was NOT followed, you get a nice civil case against some cops. The cops KNOW THIS, and thus do not abuse this privileged. If a cop wants to find you, HE WILL, and with or without a warrant, stopping this location search has NO BEARING, it is simply one of many available tools that already require no warrant to accomplish the same goal.

      that said, this does NOT mean that your entire cell phone tracking history is admissible in court... No, FURTHER collection of that data WILL require a warrant. However, request of a piece of data as in "where were you at X o'clock on Z date" can be accessed in this system, and THAT is not

      --
      There is no contest in life for which the unprepared have the advantage.
  6. Is this GPS, or Tower data? by QuantumRiff · · Score: 1

    I have my phone to only give out GPS data on 911 calls. Is that what they are interested in? The exact location of people (within a hundred yards or whatever) without a warrant, or just which towers they pinged off of at a given time?

    --

    What are we going to do tonight Brain?
    1. Re:Is this GPS, or Tower data? by Anonymous Coward · · Score: 0

      E-911 regulations say that the tower data provided by the cell phone companies has to be within a certain level of accuracy, which I believe is something like 300 meters 95% of the time. But that is only what is required.

      The actual difference in data acquired from GPS and tower triangulation where there is sufficient tower data is actually nil. Tower triangulation is accurate enough, enough of the time, as to have no difference from the GPS data.

      If GPS data is protected, so should the tower data. If GPS data isn't protected, how is it not a violation of the 4th amendment?

    2. Re:Is this GPS, or Tower data? by Amouth · · Score: 2, Insightful

      more than likely they are wanting the tower data - BUT depending on the phone - and the towers that may be "hey i was talking to him" or "hey the 3 of us where listening to him here is the strength so you can triangulate" or "yea that phone associated with me - here is it's header data - oh see the GPS info in it?" either way - you may have a phone that only allows GPS data on 911 calls - i bet there are ALOT of phones where that isn't an option - and ALOT more phones where people have no idea it is even in there. Most people have no idea about the e911 location information for emergency calls being added in after Sept.11th.. And if i remember correctly there was recently evidence that some carriers where having the location data on all the time not just for 911 by default. if they can get it past that they don't need a warrant - then what they find in the records would be on the same level as seeing something in plain sight. meaning that even if now it doesn't normally have GPS location - in 2 years it might be the norm.. and they already have a warrant waver.. as far as i'm concerned they should need a warrant to get it.

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    3. Re:Is this GPS, or Tower data? by Amouth · · Score: 4, Interesting

      I know it's bad form to reply to your self but wanted to note this.. A warrant gives the police special access to a location or information, something not publicly available. If it goes through that they don't need a warrant then could we not use this as a stepping stone to justify any member of the public requesting the same information from the telecom's? not just for our selves but for any one.. it's just a different way of looking at it - and one that should commonly be viewed

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    4. Re:Is this GPS, or Tower data? by TheCarp · · Score: 1

      Actually.... I can't see the supreme court ruling that this holds water without overturning current precedent.

      This is NOT DIFFERENT from the argument as to why IR cameras need a warrent. The technology has the potential to reveal personal information (the example used in the case was the heat signature indicitive of when you are in the shower, thus revealing when you shower to an outside observer) that the average person would think unreasonable for any person on the street to be able to divine about them. Its obvious that such information COULD be intrusive information.

      As such, the court made NO attempt to differenciate amongst technologies that could or could not produce that level of detail. (thats important here, I think). Since technology advances and this technology could be used in that way, the court felt that it would be a violation of the 4th ammendment to allow it without a warrent.

      This data has been demonstrated to be able to tell a persons location WITHIN THEIR OWN HOME. The very fact that it can, even in some limited circumstances, give off that information, it has to be assumed that it can, and thus, its certainly a 4th amendment violation.

      Then again, the court can overturn precedent. Maybe we will lose other protections here too.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    5. Re:Is this GPS, or Tower data? by fahrbot-bot · · Score: 1

      i bet there are ALOT of phones where that isn't an option - and ALOT more phones where people have no idea it is even in there.

      Not to be the grammar/spelling police, but since you used it twice - IN ALL CAPS - please, Please, PLEASE be advised that "a lot" is two fucking words.

      Good job on the the rest of your post though.

      --
      It must have been something you assimilated. . . .
    6. Re:Is this GPS, or Tower data? by Amouth · · Score: 1

      sadly i know they are 2 words.. i just seem to never remember to hit the space bar when holding shift..

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    7. Re:Is this GPS, or Tower data? by Anonymous Coward · · Score: 0

      The problem with the tower data is that this data can be quite precise. In order to be able to manage signal strengths, the towers and phones keep track of each other (i.e. how many towers can the phone hear signals from, what is the received signal strength from each tower, and the reverse). Cell providers keep the detailed tower information (what were all the towers that a given ESSID was heard on, what was the received signal strength for each tower, what antenna received the signal, and what was the angle of incidence for the received signal). In areas with decent tower density (i.e. cities), this detailed data can be enough to pinpoint the phone location to within 40 feet or so.

      Providers keep less detailed information longer (I think Verizon keeps it for around a year), such as only recording the towers that saw a given ESSID, but without the RSS, antenna, and angle information. While this information will only show the location with the accuracy of a given cell (measured in miles rather than feet), it can be used to throw an alibi into doubt if the phone was used on the other end of town from where the person claimed they were.

      If interested, there are companies that will sell you the tools and provide training in how to analyze this data. I do cell phone forensics as a part of my day job, and have attended such classes, which is how I gained the above knowledge.

    8. Re:Is this GPS, or Tower data? by fahrbot-bot · · Score: 1

      sadly i know they are 2 words.. i just seem to never remember to hit the space bar when holding shift..

      Cool. I hope I didn't sound too mean, but that usage is common enough - sadly, even here on /. - that I finally just freaked out. Probably because of this story by one of my college friends:

      I used to write "alot" all the time, until I got back a paper from my Journalism professor with this written in large, red letters: "A lot is two words. Remember this or I will kill you."

      Apparently, words to live by.

      --
      It must have been something you assimilated. . . .
    9. Re:Is this GPS, or Tower data? by Culture20 · · Score: 1

      Without a warrant, some agency is going to download location data en masse at some point. When that happens, some basement dweller is going to FOIA the list, and the agency will either redact it all, or just give the info out. Or worse: put it in a text PDF with black images covering the text to "redact" it.

    10. Re:Is this GPS, or Tower data? by Jeng · · Score: 1

      PLEASE be advised that "a lot" is two fucking words.

      Out of all the piddly ass shit that spelling nazis complain about I would have to say that bitching about alot has got to be up there.

      It is used enough in popular culture that it might as well be its own word at this point, just because you can break it in to two words doesn't mean its has to be that way. Are you going to complain about into also?

      --
      Don't know something? Look it up. Still don't know? Then ask.
    11. Re:Is this GPS, or Tower data? by fahrbot-bot · · Score: 1

      Are you going to complain about into also?

      Um no, because "into" *is* one word and has been since before the 12th century.
      From: into

      Main Entry: into
      Function: preposition
      Etymology: Middle English, from Old English into; from in + to.
      Date: before 12th century.

      In addition, "into" and "in to" are used differently. From: into/in to

      "Into" is a preposition which often answers the question, "where?" For example, "Tom and Becky had gone far into the cave before they realized they were lost." Sometimes the "where" is metaphorical, as in, "He went into the army" or "She went into business." It can also refer by analogy to time: "The snow lingered on the ground well into April." In old-fashioned math talk, it could be used to refer to division: "Two into six is three."

      In other instances where the words "in" and "to" just happen to find themselves neighbors, they must remain separate words. For instance, "Rachel dived back in to rescue the struggling boy." Here "to" belongs with "rescue" and means "in order to," not "where." (If the phrase had been "dived back into the water," "into" would be required.)

      P.S. My wife was an English teacher.

      --
      It must have been something you assimilated. . . .
    12. Re:Is this GPS, or Tower data? by Jeng · · Score: 1

      Alot and a lot are also used differently.

      alot = many
      a lot = a lot, where lot can mean many things, a lot can mean a parcel of land while alot always means many.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    13. Re:Is this GPS, or Tower data? by Curlsman · · Score: 1

      As it currently stands, we don't have access to location data for our own phones.
      My partner was not answering any of the phones for several days, and I could see the blackberry getting data on a regular basis.
      Verizon said that only the police could get the location data, and I would probably have to file a missing persons report.

    14. Re:Is this GPS, or Tower data? by fahrbot-bot · · Score: 1

      Alot and a lot are also used differently.

      • alot = many
      • a lot = a lot, where lot can mean many things, a lot can mean a parcel of land while alot always means many.

      Actually, very much no. There is no such English word, "alot". The two words, "a lot", mean many.
      From: Re: alot vs. a lot

      "alot" is not a word in English and is clearly incorrect. "a lot" is the correct word for most purposes. See below for more details:

      "Alot means nothing because it is not a word in the English language and therefore should not to be used." SOURCE: http://www.garypaulson.net/archives/allot-vs-alot-vs-a-lot-spelling/

      "A lot (two words) is an informal phrase meaning a large portion or large quantity of something." SOURCE: http://www.garypaulson.net/archives/allot-vs-alot-vs-a-lot-spelling/

      "Allot is a verb that means to distribute, to assign a portion, or to divide. Example: The instructor allotted me 20 minutes to take the test." SOURCE: http://www.garypaulson.net/archives/allot-vs-alot-vs-a-lot-spelling/

      I invite you to read the full page of information at http://www.garypaulson.net/archives/allot-vs-alot-vs-a-lot-spelling/ for more comprehensive information on this.

      Furthermore, From: A Lot or Allot?

      A lot (two words) is an informal phrase meaning "many." It can take an adjective, for example, "a sizeable lot."

      Example: Karl needed a lot of time for the job.

      Allot means "to distribute between or among." It has the same root as lottery.

      Example: He allotted three breaks a day to everyone in the department.

      Alot does not exist as a word.

      In addition, from A LOT / ALOT

      Perhaps this common spelling error began because there does exist in English a word spelled "allot" which is a verb meaning to apportion or grant. The correct form, with "a" and "lot" separated by a space is perhaps not often encountered in print because formal writers usually use other expressions such as "a great deal," "often," etc.

      You shouldn't write "alittle" either. It's "a little."

      Please get a refund from all your English teachers... :-)

      --
      It must have been something you assimilated. . . .
    15. Re:Is this GPS, or Tower data? by broken_chaos · · Score: 1

      As it currently stands, we don't have access to location data for our own phones.

      I dunno about in the States, but up here in Canada my phone is perfectly happy (upon opening Google Maps, for example) to estimate my current location, often to within 0.5km-ish, when it can't access the GPS or when the GPS is still trying to find a satellite.

      If this isn't access to location data for my own phone, I'm not sure what is -- unless you mean the historical location data, in which case it's hardly unique. There are lots of bits of data that corporations, governments, and others log that consumers typically don't log (though I probably could log if I were inclined) and don't have access to the logs of.

    16. Re:Is this GPS, or Tower data? by Jeng · · Score: 1

      Pfft.

      I'm sure I can find plenty of resources that claim that ain't is a word and I am sure I can find plenty of resources that claim that ain't is not a word. Definitions change over time and what is considered an informal word today may tomorrow be a formal word.

      There is a clear separation of definition between alot and "a lot" in usage. I could care less what is taught, what matters is how it is used.

      My main point being that this is such a fine hair to split that it is pretty out there to state quote "PLEASE be advised that "a lot" is two fucking words."

      --
      Don't know something? Look it up. Still don't know? Then ask.
    17. Re:Is this GPS, or Tower data? by fahrbot-bot · · Score: 1

      Pfft.

      Well said - by one clearly losing this argument...

      I'm sure I can find plenty of resources that claim that ain't is a word and I am sure I can find plenty of resources that claim that ain't is not a word.

      Actually, "ain't" is a a word, just not one that people are encouraged to use. From: http://en.wikipedia.org/wiki/Ain't (and http://www.merriam-webster.com/dictionary/ain't)

      Ain't is a colloquialism and a contraction originally used for "am not"... The word is a perennial issue in English usage. It is a word that is widely used by many people, but its use is commonly considered to be improper.

      Continuing...

      Definitions change over time and what is considered an informal word today may tomorrow be a formal word.

      This is not about word definitions, it's about word existence...

      There is a clear separation of definition between alot and "a lot" in usage. I could care less what is taught, what matters is how it is used.

      There is no word "alot" formal or informal - only uneducated or stupid. Which are you?

      Although there is a word "lot" meaning "parcel" or "group", the two words "a lot" mean either, (formally) a singular "lot", or (informally) many.

      It's clear that you "could care less what is taught" (though "couldn't care less" is the correct phrase), because, sadly, you apparently haven't ever learned anything.

      --
      It must have been something you assimilated. . . .
    18. Re:Is this GPS, or Tower data? by Jeng · · Score: 1

      I learned there is no point in arguing with a spelling nazi.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    19. Re:Is this GPS, or Tower data? by fahrbot-bot · · Score: 1

      I learned there is no point in arguing with a spelling Nazi.

      And I learned that you can't win arguments with the ignorant.

      More constructively, communication is important and proper use of language is essential. I'm sorry you couldn't embrace this as a learning experience to better your skill. Over my 25+ years in CS, I have routinely seen resumes discarded simply because of poor language usage.

      It's not about being a "spelling Nazi". In almost all cases there is a clear distinction between correct and incorrect. Any (good) English teacher on the planet would have failed any assignment you completed that contained the errors you espoused as "correct". I know, I was married to an English teacher for 20 years (before she died in 2006) - a state and nationally awarded teacher at that.

      --
      It must have been something you assimilated. . . .
    20. Re:Is this GPS, or Tower data? by Jeng · · Score: 1

      We both hold different views on language. As it is you appear to value rigid definitions while I'm more open to change in language.

      Although the argument I made may not have moved you, it was not based on ignorance. I know that "a lot" is the proper way of putting it, a forum though is not quite a proper venue and therefor I would place more value on usage.

      From my perspective you are just as ignorant as I am from your perspective.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    21. Re:Is this GPS, or Tower data? by fahrbot-bot · · Score: 1

      From my perspective you are just as ignorant as I am from your perspective.

      Cool, though that means you don't really know what "ignorant" means.

      While it's true that languages evolve over time, at this time there is no word "alot" and no good reason to create it. All your previous supporting arguments to the contrary were very weak and ill conceived. Making things up, or offering inaccurate facts, to try and support your desire to use current language incorrectly is silly. Your arguments would certainly fall on deaf ears should you ever decide to publish anything.

      I took classes on language and word origin in college. Most language evolution comes from changes in the spoken word that then translate to the written. In fact, before the advent of the printing press, words were often spelled many different ways as there were few common, wide-spread rules for spelling. Printing changed all that as publishers didn't want to support countless word variations and standardized spelling was adopted.

      In this case, there is no good reason to adopt a new word. Nothing changes as spoken, and the formal and informal usages of "a lot" already exist.

      You may try to claim the high road here, but *actual* knowledge would set you free.

      --
      It must have been something you assimilated. . . .
  7. Re:hope and change by Anonymous Coward · · Score: 1, Informative

    Hey, he is way more open about disregarding the Constitution and civil liberties.

  8. EFF submission shows how FBI cell tracking works by bagofbeans · · Score: 4, Informative

    See EFF page http://www.eff.org/press/archives/2010/02/08, but the interesting bit is FBI testimony from page 39 in this document http://www.eff.org/files/filenode/celltracking/Filed%20Cell%20Tracking%20Brief.pdf

  9. Auto-suspect? by Anonymous Coward · · Score: 0

    So, if someone gets shot or robbed, do they immediately question everyone who was near the closest cell phone tower at or near the time of the incident? Or can they use that to find possible witnesses?

  10. Confusing title by Anonymous Coward · · Score: 0

    The title is confusing because "warrantless" in this case means "without a warrant" (Warrant being a glam metal band from the 80s), whereas "warrantless" is usually taken to mean "unjustified", which of course means to have a messy right border.

    1. Re:Confusing title by Jeremy+Erwin · · Score: 2, Informative

      The title is confusing because "warrantless" in this case means "without a warrant" (Warrant being a glam metal band from the 80s), whereas

      "warrantless" is usually taken to mean "unjustified",

      Stop right there.

      unwarranted having no justification, groundless

      American Heritage Dictionary of the English Language

      There's no need to split hairs. If the cops had grounds for a warrant, and could justify their reasoning to an independent magistrate, they would have a warrant. A warrantless search is an unwarranted search.

      This is basic english, folks.

    2. Re:Confusing title by dgatwood · · Score: 1

      You do realize that you responded seriously to a post clearly made in jest, right?

      whereas "warrantless" is usually taken to mean "unjustified", which of course means to have a messy right border.

      Emphasis mine.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:Confusing title by Jeremy+Erwin · · Score: 1

      Of course. But for political reasons, I'd like to see that any semantic difference between the two words dissolves.

  11. Yeah? by MikeRT · · Score: 4, Interesting

    And if you read the 10th amendment at face value, nowhere is there authorization for quite literally the majority of the federal government. The very existence and authority of most federal agencies relies on the **spirit** of the Constitution's enumerated powers, not the actual hard letter.

    Therefore, they should be required to abide by the **spirit** of the 4th amendment.

    1. Re:Yeah? by bill_mcgonigle · · Score: 2, Insightful

      Therefore, they should be required to abide by the **spirit** of the 4th amendment.

      "I'm gonna have my cake and eat it too because I've got a monopoly on violence."

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    2. Re:Yeah? by Anonymous Coward · · Score: 0

      I'm a huge fan of the 10th amendment, I don't see why you'd expect it to authorize anything. The 10th amendments forbids the government from violating some vague unlisted rights. The authorization for what the federal government does is found in the articles, mostly article I section 8.

  12. So where's the Fed tracking web site? by Kenja · · Score: 4, Interesting

    If someone's general location is not protected by the 4th amendment, lets see a web site that shows the "general location" of all federal employees. Seems only fair.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:So where's the Fed tracking web site? by Anonymous Coward · · Score: 0

      Yep, if it's not protected as an unreasonable search, then let's make it ALL public via a FOIA request.

      Step 1: Gov't get everyone's location data
      Step 2: Public files FOIA request
      Step 3: Public get everyone's location data
      Step 4: Marketers link up data to individual
      Step 5: Painfully targeted ads
      Step 6: PROFIT!

      (Oh wait, wasn't there supposed to be a ??? in there somewhere?)

    2. Re:So where's the Fed tracking web site? by NeutronCowboy · · Score: 2

      That's ludicrous - only the Police, the National Guard and Federal employees can be trusted with that kind of access. Every other person in the US is just not trustworthy enough to handle this kind of responsibility.

      Yes, that was sarcasm.

      --
      Those who can, do. Those who can't, sue.
  13. Where in the Constitution? by Anonymous Coward · · Score: 2, Insightful

    The question is not only a one of the 4th Amendment, one of GRANTED powers in the Constitution. But since the Supreme Court has eviscerated the Constitution via the Commerce Clause rulings no one seems to even ask "wasn't this a document of ENUMERATED powers, and where is this enumerated?"

    1. Re:Where in the Constitution? by Beardo+the+Bearded · · Score: 4, Interesting

      That's what I thought.

      Now, I'm Canadian, so I'm not entirely versed in US Law (having learned most of it from Law and Order) but my understanding was:

      The US Constitution is a list of things the Government is allowed to do. If it's not on the list, it's not okay.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    2. Re:Where in the Constitution? by ari_j · · Score: 5, Informative

      You are correct, as far as the federal government goes. The state governments were not similarly limited except where the Constitution says they were to be. That has always been open to interpretation by the courts, with bizarre results such as the things that explicitly refer to Congress being imputed to the states long before the things that are worded in outright "nobody can do this" terms were. Classic example: First Amendment says 'Congress' but has long been applied to the states through the Fourteenth Amendment. Second Amendment says 'shall not be infringed' by anyone, but is still up in the air.

      The problem as far as the federal government goes is the commerce clause taken together with rational basis review. If Congress passes a law that says 'Whereas interstate commerce is affected by the lederhosen industry, all citizens are required to wear lederhosen on Tuesdays. Violation is a felony punishable by five years in federal pound-me-in-the-ass prison.', that's enough to say that they were exercising their power under the Interstate Commerce Clause. Rational basis review means that a court won't overturn a commerce clause-based law if there is any rational way that the law relates to interstate commerce. And that includes enforcement when the actual act had nothing to do with interstate commerce.

      For instance, a federal law that fixes grain prices will result in subsistence farmers being punished for violating it. (True story.) A federal law that says machine guns affect interstate commerce can be used to punish you for building a machine gun out of scrap metal even if none of it ever crossed state lines. (True story.) There are very few exceptions where the Supreme Court (after FDR and the New Deal) has thrown out a law for overstepping the authority of Congress under the commerce clause.

      Long story short: Congress is allowed to do anything it wants, because everything has some effect on interstate commerce.

    3. Re:Where in the Constitution? by Anonymous Coward · · Score: 0

      Dear Canadian Person,
      If you could forward those episodes of Law and Order to our government officials we would be greatly appreciative. If you can not please let me know and I will start recording a book on tape version of our Constitution to send their way.
      Sincerely yours,
      The American People

    4. Re:Where in the Constitution? by jgtg32a · · Score: 3, Insightful

      That's correct but if they actually follow that, then the government is basically required to be tiny, and politicians can't really bribe the voters if the .gov is tiny so they ignore it.

    5. Re:Where in the Constitution? by Alinabi · · Score: 1

      Do you have some links to these TrueStories (TM)?

      --
      "You can't allow somebody to commit the crime before you detain them." [Condoleezza Rice]
    6. Re:Where in the Constitution? by ari_j · · Score: 5, Informative

      Sure. Congress can, under the interstate commerce clause, regulate the amount of wheat you grow to feed your own chickens. Wickard v. Filburn, 317 U.S. 111 (1942).

      Congress can criminalize, under the interstate commerce clause, mere possession of a machine gun that has never itself been in interstate commerce. United States v. Stewart, which the 9th Circuit was ordered by the Supreme Court to reconsider in light of Gonzales v. Raich, 545 U.S. 1 (2005), which held that Congress can criminalize marijuana that has never been in interstate commerce because locally grown cannabis changes the supply and demand for the product in the interstate trade. The 9th Circuit ended up reinstating the machine gun guy's conviction even though he built the gun from scratch without crossing state lines.

    7. Re:Where in the Constitution? by treeves · · Score: 1

      That's what was originally intended, but not what we've had for a long time. Idealists and purists don't ever get to run anything, you see.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    8. Re:Where in the Constitution? by toastar · · Score: 1

      Do you have some links to these TrueStories (TM)?

      http://en.wikipedia.org/wiki/United_States_v._Stewart_(2003)

      I'm pretty sure the Grain fixing story is true as well, but i forget the name of the case.

    9. Re:Where in the Constitution? by Trailer+Trash · · Score: 3, Informative

      Courts have ruled, yes, but they still have no Consitutional authority to do anything of the sort that you've highlighted above. It's an abomination that we've allowed our government to so wildly overstep its authority.

    10. Re:Where in the Constitution? by ari_j · · Score: 2, Insightful

      I didn't say I agree with it. I just said that's what the law is and what the Constitution has been interpreted to mean. The original inquiry was where the authority to do these things comes from, and my answer is accurate (in the same way as it's accurate to say that fairy dust comes from Never Never Land - true, if you believe in fairy dust and Never Never Land).

    11. Re:Where in the Constitution? by Sandbags · · Score: 2, Insightful

      By the congress passing, the executive approving, and the court upholding (especially the HIGH court, who's ONLY call it to review the constitution), FUCK YES, it's constitutional, that the EXACT process the constitution set out!!!

      A Warrant is only defined in the constitution in amendment 4 seperate from search and seisure, in that "no Warrants shall issue, but upon probable cause" However, in amendment 5, you CAN be deprived of life, liberty, property through "DUE PROCESS OF LAW."

      What's that mean?

      Well, the supreme court has agreed numerous times that "due process" does not require the issue of a warrant, except to enter your home, read your "papers" or inspect your affects and possessions. Anything in plain sight, including where you go, who you meet, where you shop, etc, is all open to any officer to simply WATCH you do. Anything that can be observed by the common man, in the due course of ain investigation, or through the DUE PROCESS of opening a case, filing an inquiry, issuing a civil fine, etc, does not require a warrant, but does simply require a PROCESS.

      Nowhere does the law say you can not be searched without a warrant, it simply sais you can not be UNREASONABLY searched without DUE PROCESS. About the only exception to this is when you are "presumed" guilty.

      in this case, obtaining your cell location history record, as with your phone records, would be limited to a written request, compensated by the department with payment to the carrier for processing, and restricted to a date/location range consistent with the scope of an active case. outside of that, the access they make is illegal, and you could sue.

      --
      There is no contest in life for which the unprepared have the advantage.
    12. Re:Where in the Constitution? by Mister+Whirly · · Score: 3, Funny

      so I'm not entirely versed in US Law (having learned most of it from Law and Order)

      That's ok. Everything I know about Canada comes from Rush lyrics and South Park.

      --
      "But this one goes to 11!"
    13. Re:Where in the Constitution? by Alinabi · · Score: 1

      From the wiki page you link to it sounds like he was convicted for being in violation of 18 U.S.C. 922o, which says:

      1. Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
      2. This subsection does not apply with respect to—
        1. a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
        2. any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

      There is nothing in there about the firearm having to cross state lines, so he was clearly in violation of the law by possessing it without authorization. As for weather this was a matter of interstate commerce at all, the wiki page says he was selling the machine gun kits over the Internet. I rest my case. As I had suspected, while your TrueStory (TM) had a kernel of truth, you got a bit creative with the details.

      --
      "You can't allow somebody to commit the crime before you detain them." [Condoleezza Rice]
    14. Re:Where in the Constitution? by geekmux · · Score: 1

      Long story short: Congress is allowed to do anything it wants, because everything has some effect on interstate commerce.

      Short Story Shorter: That's a bullshit excuse.

      Two can play that game. They want to obtain data that they feel is "casual" enough to not need a proper warrant, then that data shouldn't be admissible in court. At all. Ever.

    15. Re:Where in the Constitution? by Anonymous Coward · · Score: 0

      the law is very clear. congress and the courts are just breaking it. in short, they need to be executed for treason and replaced.

    16. Re:Where in the Constitution? by JeffAtl · · Score: 1

      There is nothing in there about the firearm having to cross state lines, so he was clearly in violation of the law by possessing it without authorization.

      The federal government has no power to enact such a law, so the federal government used a virtually unlimited reading the commerce clause to claim that power.

      Regardless, the SCOTUS has long since decided that the Commerce Clause is not limited to being Interstate in nature or commerce related.

    17. Re:Where in the Constitution? by ShakaUVM · · Score: 1

      >>Long story short: Congress is allowed to do anything it wants, because everything has some effect on interstate commerce.

      Uh, no. The Supreme Court ruled in Lopez that they can't just wave their hands and make everything related to interstate commerce in some way. So, no, they can't pass a law saying everyone has to wear lederhosen, because the connection is too tenuous.

      Now, that said, they've given congress quite a bit of leeway in determining what relates to interstate commerce (Stewart was about a guy selling gun kits online which could be later illegally converted to machine guns).

      >>Rational basis review means that a court won't overturn a commerce clause-based law if there is any rational way that the law relates to interstate commerce.

      Actually, the benchmark is that it "substantially affects" or "substantially relates to" interstate commerce. Not that there is "any rational way". If that was the case, the court reasoned, then there wouldn't be a need for enumerated powers in the Constitution - they'd literally be able to make laws about everything.

    18. Re:Where in the Constitution? by Alinabi · · Score: 1

      The federal government has no power to enact such a law

      How did you figure that one out?

      "A well regulated Militia, being necessary to the security of a free State [...]"

      You think those words were put in there just to avoid ugly pagination?

      --
      "You can't allow somebody to commit the crime before you detain them." [Condoleezza Rice]
    19. Re:Where in the Constitution? by silas_moeckel · · Score: 2, Insightful

      Oh no you might sue. You have rights when you can get the cop fired and put into jail. The government prints money and they tax you for it they can effectively get as much as they want, they are exempt from many forms of debt collection. Effectively civil courts can not check the powers of governments, especially police forces. You need a criminal court with an unbiased prosecutor (read somebody that does not work at the DA's office) with the power to charge (via a grand jury) and imprison (via a jury). everybody connected with the crime. This might hinder the police forces that is not a problem we need less laws not more, but less laws do not get people elected.

      --
      No sir I dont like it.
    20. Re:Where in the Constitution? by ari_j · · Score: 1

      Lopez was convicted for possession of a machine gun, nothing else. The online ads were just how they found him. And regardless of Lopez, let me know if you see Congress start to actually slow down on passing far-reaching laws purportedly founded on the power they hold under the commerce clause. The real effect of Lopez seems to be more that Congress will say that such and such issue "substantially affects interstate commerce" and pass the same laws that they would have previously passed with a Congressional finding that it merely "impacts interstate commerce." If Congress passes the lederhosen law with the right magic words, it will withstand rational basis review.

    21. Re:Where in the Constitution? by ari_j · · Score: 1

      Don't look at me. I'm telling you what Congress and the Supreme Court do, not what they should do. Blame your elected representatives for passing laws beyond their powers and for appointing judges who don't think those powers have real limits.

    22. Re:Where in the Constitution? by ari_j · · Score: 2, Informative

      Read it again. He wasn't convicted of selling a machine gun in interstate commerce. He was prosecuted for and convicted of possession of machine guns only. Not one count for which he was convicted involved moving anything in interstate commerce.

      And yes, his possession of machine guns was in violation of the statute under which he was charged. The issue was not whether he had violated the statute but rather whether the statute was enforceable as a proper exercise of Congress's authority to pass laws under the interstate commerce clause.

    23. Re:Where in the Constitution? by ari_j · · Score: 1

      Wickard v. Filburn. I linked to it above.

    24. Re:Where in the Constitution? by jwhitener · · Score: 1

      Well, it isn't just the interstate commerce section that gives Congress fairly broad powers. There is also the (16th?) amendment that says that Congress can tax things and use the money "to pay the debts and provide for the common Defense and general Welfare of the United States".

      There are many different views of what 'general welfare' means. I don't have the time to look up court cases on it, but there have been several.

    25. Re:Where in the Constitution? by JeffAtl · · Score: 1

      How did you figure that one out?

      Then why did the Feds use the Commerce Clause during their arguments as the basis for having the power to ban the possession of the machine gun?

      If the federal government was not restrained in this case by the protections in the 2nd Amendment then it would not have needed to establish a Commerce Clause link to empower its position.

    26. Re:Where in the Constitution? by Anonymous Coward · · Score: 0

      I have never agreed with anything more than what you just said Trailer Trash. The founding fathers were against this sort of thing exactly. I'll post my evidence for that argument when I get home and can log in.

    27. Re:Where in the Constitution? by Anonymous Coward · · Score: 0

      Because it is ruled so does not make it constitutional. Decisions have been reversed before, so while such absurdities are currently the law of the land they need not remain so.

      The fact is that the Constitution is a wonderful document, but it can easily be pulled out of context and used for ugly purposes. The nice thing is that we have a whole bunch of other documents written by the founding fathers to elucidate their meanings. The not-so-nice thing is that they don't always agree. Still, a lot of this crap we have now would clearly horrify most of the framers, and Obama as a constitutional scholar should know this.

      He probably does, actually, and just doesn't give a shit.

    28. Re:Where in the Constitution? by ShakaUVM · · Score: 1

      >>You're confusing Stewart with Lopez.

      http://en.wikipedia.org/wiki/United_States_v._Lopez

      >>If Congress passes the lederhosen law with the right magic words, it will withstand rational basis review.

      Maybe. Depends if the Supreme Court has been eating its vitamins that day.

      http://en.wikipedia.org/wiki/Commerce_Clause#The_Rehnquist_Court

    29. Re:Where in the Constitution? by Nyder · · Score: 1

      so I'm not entirely versed in US Law (having learned most of it from Law and Order)

      That's ok. Everything I know about Canada comes from Rush lyrics and South Park.

      Everything i've learned about scotland was from the highlander tv series

      --
      Be seeing you...
    30. Re:Where in the Constitution? by ari_j · · Score: 1

      Odd that you used your >> quoting style for something that I didn't say. I am well aware of Lopez. Again, what I'm not aware of is a Congressional response to that decision that involves them backing off from their perception that the commerce clause grants them unlimited authority to do as they please. If you are aware of that happening, please do enlighten me.

    31. Re:Where in the Constitution? by ari_j · · Score: 1

      The 16th amendment just gives authority to tax income from any source. The general welfare reference is in Article I, Section 8, and relates to spending - not to regulating. However, taking the income tax together with the spending power, the federal government has a lot of de facto power to regulate things. For instance, the drinking age throughout the United States is 21 because, while states can set it lower, federal law stops states from getting federal highway funds if they do. It's a pretty big hammer to swing, but it does not give Congress the power to directly regulate citizens' behavior. The commerce clause is the one that most often gets invoked for that.

    32. Re:Where in the Constitution? by ari_j · · Score: 1

      Incidentally, you are right that I inadvertently typed Lopez when I meant Stewart in my previous comment. I'm bad with individuals' names, but my comment indicates no confusion as to the holdings in the two cases. Sorry about my failure to name the right defendant, though. In my defense, I had quite a few comments to respond to on the topic, most of which involved people thinking that Stewart had been convicted of selling machine gun parts online.

    33. Re:Where in the Constitution? by operagost · · Score: 1

      Our own PRESIDENT lies about this. In a recent interview, he said the constitution was a list of "negative rights" that says what the federal government can't do, but doesn't say what they "can do on your behalf." It's exactly the opposite! The Constitution lists responsibilities of the federal government, such as minting currency, national defense, diplomacy, and collecting taxes. It also says that everything not listed is reserved for the states and the people.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    34. Re:Where in the Constitution? by operagost · · Score: 1

      The problem is, 18 USC 922o violates the second amendment. "The people" are the people and "shall not be infringed" means just that.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
  14. Obama must first guarantee no abuse by kawabago · · Score: 2, Insightful

    Police resources are abused by police for their own purposes on a regular basis. An abusive spouse who is also a police officer would have unfettered access to information on the whereabouts of their victims. This scenario alone should be enough to can this proposal, but it probably won't be.

    1. Re:Obama must first guarantee no abuse by Anonymous Coward · · Score: 0

      Ok lets for aguments sake say he does promise this. Do you trust future generations of politicos to do the right thing based on some promise of a president from 10 years ago?

      Also your abusive police spouse thing HAPPENS. Ive seen it. Dude I know was dating a lady (who was divorced and had been for a couple of years). He got a call to his unlisted number in the middle of the night from the ex who was in iraq (they were divorced before he shipped out). How did he find out? His buddies called him and let him know. His BUDDIES were stalking her. This sort of thing he could do it remotely. Then call while he was there and make a big stink.

      People seem to think stalkers think like them. They dont. They think 'what can I do to make sure I am the only one in the others life'. They will do *ANYTHING* to insure this.

    2. Re:Obama must first guarantee no abuse by bonch · · Score: 3, Insightful

      Obama doesn't care. His administration flat-out says in the article that Americans enjoy no "reasonable expectation of privacy." Along with his defense of Bush wiretapping, it sure looks like we got the hope and change we were promised, eh?

    3. Re:Obama must first guarantee no abuse by Anonymous Coward · · Score: 0

      I voted for Obama, but I'm voting him out next election. I don't give a shit who is running against him.

    4. Re:Obama must first guarantee no abuse by Anonymous Coward · · Score: 0

      Actually, it's exactly what we were promised. Those of us who pay attention to politics outside of 4 months before a presidential election, anyway. The only outrage here is that the mainstream media dutifully played down stories about what a vain, totalitarian nut Obama is.

    5. Re:Obama must first guarantee no abuse by Anonymous Coward · · Score: 0

      That's why you moved to Canada too, eh?

    6. Re:Obama must first guarantee no abuse by meerling · · Score: 1

      Do you remember when the 'Patriot Act' was being pushed?
      I do.
      The feds said it would only be used to stop terrorists.
      Within 6 to a year (I forget exactly when) after it passed, they were sending reps to local police departments to teach them how to use the provisions in the patriot act to investigate, arrest, and prosecute non-terrorists.

      You can trust politicians and federal agencies slightly less than the distance you can throw a galactic black hole.

    7. Re:Obama must first guarantee no abuse by jgtg32a · · Score: 1

      I had a late lunch so I'm in a serious lunch coma, I'm too out of it to write a smart ass comment that goes on to describe warrants in a round about way.
      Basically that scene in Family Guy, where the Judge wants to remove peter from society for a predetermined amount of time, blah blah.

    8. Re:Obama must first guarantee no abuse by Chris+Burke · · Score: 2, Informative

      His administration flat-out says in the article that Americans enjoy no "reasonable expectation of privacy."

      No reasonable expectation of privacy regarding the location of their phone. And in part because it's only a "general" indication of location.

      Which is still complete bullshit -- thank God the meat of the article is about a Magistrate denying them this ability. But they're not denying expectation of privacy ever exists.

      No, no, this is just another case of the Obama DoJ defending actions taken by the federal government during the Bush administration, using the fucked-up arguments required to do so. I mean, okay, so we aren't going to prosecute federal agents who were acting in accordance with the retarded legal opinions of AG Gonzalez. Fine. And if they didn't argue that the FBI's actions were legitimate, if they admitted that the evidence was illegally obtained, then the conviction of the Scarecrow Gang could be overturned.

      Well you know what? Maybe that's what has to happen. There has to be some consequence for violating the Constitution, even if your boss at the time assured you that you weren't, and if having the perps walk free is the only consequence we can get, then so be it. So yeah, fuck this argument, fuck this case, and may the sanity shown by Magistrate Judge Lenihan spread throughout the Judiciary (as the phrase from TFA "Only a minority [of Judges] has sided with the Justice Department, however." gives me some hope for).

      --

      The enemies of Democracy are
    9. Re:Obama must first guarantee no abuse by bill_mcgonigle · · Score: 1

      Along with his defense of Bush wiretapping, it sure looks like we got the hope and change we were promised, eh?

      Wait, somebody believed a politician? :palm to forehead:

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  15. Meet the new boss by esocid · · Score: 2, Insightful

    Same as the old boss. I'm getting sick of this constant push to roll back privacy. No matter what the government may say, 9/11 was the best thing to happen to give them such blanket authority.

    --
    Absolute power corrupts absolutely. indymedia
    1. Re:Meet the new boss by calzones · · Score: 1

      MeetTheNewBoss should be a tag on here already

      --
      Asking people to think is like asking them to buy you a new car
  16. More to the point, by tombeard · · Score: 2, Interesting

    just WHY are they retaining this information in the first place?

    --
    The reason we subjugate ourselves to law is to better procure justice. If law does not accomplish this purpose then it m
  17. Solution by davidwr · · Score: 2, Interesting

    1) if the feds require the data retention, then a warrant is necessary to access the customer's information.
    2a) if the feds do not require data retention, then a warrant is required to access the carrier's information.
    2b) if the feds do not require data retention and there is not a reasonable business reason to retain the information, find a carrier that doesn't retain the information beyond what is needed for routine business use.

    It's reasonable for businesses to keep statistical, summary information that cannot be traced back to a customer pretty much indefinitely, well, for years anyways. It's useful for planning and the like.

    It's reasonable for businesses to keep billing data until the billing is finalized. This will normally be 60-90 days after the bill is paid unless they are subject to having the billing opened up at a later date and need the records to protect their interests.

    Location data needs to be kept only for a few days until it is stripped of personal information UNLESS it is needed for billing, for example, off-network roaming, reconciling a bill with a 3rd party carrier, etc.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  18. requires some hacking activism by circletimessquare · · Score: 3, Insightful

    publish the whereabouts going back a year of some government officials. especially let the wife see some of the more interesting locations

    sounds unfair? no, it's epitome of turnaround and fairness

    of course, it won't stop the assholes from going after the hacker and claiming that a crime was committed. fucking hypocrites

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  19. Cell Phone Triangulation by jamesyouwish · · Score: 1

    Wait I have seen what Google Maps does with cell phone triangulation and it has never been more than a couple of meters off. Then GPS kicks in. That is way to close.

  20. Letter of the Law vs. Spirit of the Law by Ngarrang · · Score: 3, Interesting

    The government logic being used here reminds of the incredible leaps of logic my 4-yr makes to defend himself from punishment.

    Is very simple, my location at any given moment of any given day is none of the government's business. You want to know, get a warrant. None of this loop-hole business. Makes me happy to not own a cell phone, since I am absolutely certain they are ALREADY tracking innocent citizens in this manner on a regular basis.

    --
    Bearded Dragon
  21. With Enumerated powers ignored, what does anyone.. by Anonymous Coward · · Score: 0

    The Constitution WAS a document of enumerated powers for the Feds, but that has been ignored with the Commerce Clause rulings and ignoring the 9th and 10th Amendments, what does anyone expect?

  22. I thought Bush was the fascist by WCMI92 · · Score: 5, Insightful

    Looks like the Obama administration is full of Hope and Change.

    No way in hell, even under the patriot act that this is legal to do to US citizens.

    Then again, Obama has little faith in the Constitution, he considers it a document of "negative liberty" (see his NPR interview) that unfortunately tells he and his government lots of stuff (like this) they aren't allowed to do.

    --
    Corporatism != Free Market
    1. Re:I thought Bush was the fascist by bill_mcgonigle · · Score: 4, Informative

      Then again, Obama has little faith in the Constitution, he considers it a document of "negative liberty" (see his NPR interview) that unfortunately tells he and his government lots of stuff (like this) they aren't allowed to do.

      Well, that's exactly right, the US Constitution is founded on a political concept of negative reciprocity. It's a promise of a limit of power from a government in exchange for a minimal surrender from the people.

      A promise obviously broken.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    2. Re:I thought Bush was the fascist by Anonymous Coward · · Score: 0

      After reading about positive and negative liberty, I'm not really sure what you are complaining about.

    3. Re:I thought Bush was the fascist by ukyoCE · · Score: 1

      Serious question:

      Did the entire justice department get replaced in the past year?

    4. Re:I thought Bush was the fascist by Culture20 · · Score: 1

      Then again, Obama has little faith in the Constitution, he considers it a document of "negative liberty" (see his NPR interview) that unfortunately tells he and his government lots of stuff (like this) they aren't allowed to do.

      Well, that's exactly right, the US Constitution is founded on a political concept of negative reciprocity. It's a promise of a limit of power from a government in exchange for a minimal surrender from the people. A promise obviously broken.

      I've heard that one of the biggest differences between USA and old Europe is that "Liberal" versus "Conservative" mean different things because of the origins of the different countries/cultures. In Europe, because they started out totalitarian (monarchies), and slowly became free, "Conservative" means "towards totalitarianism" and "Liberal" means "toward freedom". In the US, "Conservative" ostensibly means "conservative interpretation of founder's principles (ie freedom)" and "Liberal" ostensibly means "liberal interpretation of founder's principles (ie not necessarily freedom)"

    5. Re:I thought Bush was the fascist by neurophil12 · · Score: 1

      While I am certainly disappointed in Obama and his administration on this issue, this was not something he campaigned on. There were many other hints that his civil liberty creds weren't particularly strong prior to his election, and it always concerned me. On the other hand, no one else was running with any interest in civil liberties (except maybe Ron Paul), and Obama was probably the best bet among all of them. At least he's not doing all of this in secret (as far as we know at this point anyway). That is a step up from the Bush administration, and is a sign of marginal change. Of course anyone who expected a complete turnaround from all prior administrations is extremely naive. I hoped it might happen, but Obama always struck me as almost too much of a pragmatist at times. Balancing pragmatism and ideals can be challenging, particularly in seeing when they can both be met and where they truly conflict and what the long-term implications are. Right now we just have to hope that we can drum up enough opposition that Obama will back down. Unfortunately I don't see that happening given the current state of the nation economically and security-wise.

    6. Re:I thought Bush was the fascist by bill_mcgonigle · · Score: 1

      In the US, "Conservative" ostensibly means "conservative interpretation of founder's principles (ie freedom)" and "Liberal" ostensibly means "liberal interpretation of founder's principles (ie not necessarily freedom)"

      It's not even that clear.

      Jefferson, Madison and their ilk considered themselves Liberals. From "liberty". People who believe in individual freedom still call themselves 'Classical Liberals' often times.

      In the 1920's the socialists in the US, the Progressive movement (a Marxist-populist movement), hijacked the term and called themselves 'modern liberals'. President Franklin D. Roosevelt ran with this, and now 'liberal' is nearly synonymous with socialist. But the term has been so attacked of late that the socialists are back to calling themselves Progressives.

      That's the easy one. 'Conservatives' can be all sorts. They're usually traditionalists. They're often religious. Since Reagan, they're often militaristic (the so-called Regan Democrats). Some are nationalistic, some are patriotic, and some are libertarian (old 'liberals'). And some are even big-government socialists who like to use military interventions to promote politics - these are called 'NeoCons'. Some are socialists who are religious Christians - they call themselves 'Compassionate Conservatives'.

      Basically neither term is deterministic or useful, except by people who try to get those who self-identify with either term all riled-up against 'the other side' while they perpetrate skulduggery in back rooms and by the dark of night.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    7. Re:I thought Bush was the fascist by noidentity · · Score: 1

      Heh, apparently someone put up a billboard saying, "Miss me yet?" with a picture of Bush.

    8. Re:I thought Bush was the fascist by DigiShaman · · Score: 1

      As a "Conservative", for once I wish our entire government (all three branches) was populated by Vulcans. I'm tired of the BS from both the religious fundamentalists and sudo communists.

      Ya ya, I know. Never going to happen. We are sooo fucked!

      --
      Life is not for the lazy.
  23. Have a problem with this? by countertrolling · · Score: 1, Troll

    Then vote republican...

    --
    For justice, we must go to Don Corleone
    1. Re:Have a problem with this? by navyjeff · · Score: 3, Insightful

      Yeah, because Republicans have been the bastion of reason and protectors of constitutional rights and freedoms lately. Did you forget about the USA PATRIOT Act already? Warrantless wiretaps of the previous administration? Mindlessly and wantonly increasing airport security rules? Did you just crawl out of Vault 101?

      Far be it from me to tell you who to vote for, but voting blindly for any one party only seems to make this mess worse.

    2. Re:Have a problem with this? by gfreeman · · Score: 1

      Because a republican administration would never suspend part of the constitution?

      --
      Ceci n'est pas un sig.
    3. Re:Have a problem with this? by oneTheory · · Score: 5, Insightful

      I'd mod you up if I could. Partisan hacks on both sides try to tell you that their party will do it right next time. Liars! No president or legislators from either party have reined in government powers in recent history.

      I liken America to a child with 2 abusive parents. They each play off the other to win the child over then proceed to beat the crap out of them. Then the other parent comes to the child's rescue with candy and toys, telling them they'll be good to them, back and forth never changing their ways. Are we really this stupid?

    4. Re:Have a problem with this? by Duradin · · Score: 1

      Thanks for being part of the precipitate.

      There are more than two parties...

    5. Re:Have a problem with this? by FSWKU · · Score: 3, Insightful

      Are we really this stupid?

      Yes. Yes we are...

      --
      "So after all this, you make my case for me. To end this stalemate, you must die..."
    6. Re:Have a problem with this? by znerk · · Score: 1

      There are more than two parties...

      No, there aren't. To be honest, there aren't even two. Two sides of the same coin, perhaps... Yes, yes, point your finger at the Green Party, the Libertarians, etc... then when you're finished with your handwaving, show me when we had a single president who was not either Democrat or Republican. Ok, now show me one that came into power after the 1850's. Show me one in the last century. Yeah, I thought not. Perhaps you can show me a Democrat or a Republican who did more than build a power base and try to profit from it? Or one who didn't victimize the American people in yet another way? The Democrats and the Republicans are no longer two separate parties in any sense other than that they have different names, and appear to possess an unthinking hatred for one another. Neither one actually represents "the people" any more, and both should be scraped off as the leeches they are.

      The government is broken. When it can be argued that pinpointing someone's location is not a violation of privacy, when they aren't allowed to use infrared camera equipment without a warrant because they might be able to tell if you are taking a dump, there is something critically failing. I have practically given up on the United States government, and pretty much just acknowledge that the police state we live in is how things are. It is the "Golden Age", with the "Golden Rule" - he who has the gold makes the rules. Anyone who has a shinier vision, feel free to share it with me - it's nice to see someone who doesn't know how things actually work trying to explain how things work.

      --
      All the shadowrunners and cyberpunks were right about the megacorps.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    7. Re:Have a problem with this? by Anonymous Coward · · Score: 0

      Not me. I was cheering for Ron Paul, Dennis Kucinich, and Mike Gravel. They actually had actions behind the words they had the balls to voice. It's not my fault the majority have their head so far up their ass that they can't spot obvious frauds when they see them.

    8. Re:Have a problem with this? by Duradin · · Score: 1

      So because we don't have a viable alternative to democrats or republicans we should just vote democrat or republican? Ya, that's a great plan for changing things.

    9. Re:Have a problem with this? by speedlaw · · Score: 1

      mod parent and reply up....yes, yes we are that stupid. Watch the next elections where the Dems lose big...after tossing out 8 years of Repubs, and having done nothing with a President and majority in both houses, we go right back to the Repubs. I WANT A THIRD OR FOURTH CHOICE !!!!!!!!!

    10. Re:Have a problem with this? by Jedi+Alec · · Score: 1

      Stephen Colbert for president!

      Seriously, he can't be any worse than all the other folks you guys keep electing.

      Hail to the cheese!

      --

      People replying to my sig annoy me. That's why I change it all the time.
    11. Re:Have a problem with this? by snapple)(two · · Score: 1

      Can Charlie Daniels play a mean fiddle?

      --
      The requested fragment "#main-articles" doesn't exist, so don't go lookin' for it.
  24. When the speach becomes more complex by Shivetya · · Score: 4, Interesting

    you can bet they are violating the intent. As the government has expanded so has the explanation for everything they do. The write long winded justifications all so that by the time you get done reading it you forget what it was about. It almost as if they hope that people opposed will just throw up their hands and give up.

    Remember, those who clutch to their Constitution are now the radicals.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  25. Shocked by Obama? This is who he is... by inthealpine · · Score: 5, Insightful

    I'm sure everyone that hated Bush is OK with Obama doing this. After all he is a kinder genteeler constitution shredder... From the January 18, 2001, broadcast of the WBEZ's Odyssey program, "The Court and Civil Rights": "[...T]he Constitution is a charter of negative liberties -- says what the states can't do to you, says what the federal government can't do to you, but it doesn't say what the federal government or the state government must do on your behalf, and that hasn't shifted." http://mediamatters.org/research/200810280021 The constitution was meant to restrict the government from taking more and more control. Obama's vision is a constitution that has limitless government so said government can 'do things on your behalf', as though the government knew best.

    --
    "In God We Trust, All Others Pay Cash"
  26. Comment removed by account_deleted · · Score: 3, Interesting

    Comment removed based on user account deletion

  27. Re:Hope and Change, eh? by Malk-a-mite · · Score: 5, Insightful

    Anonymous Troll writes:
    "I guarantee if this were Bush wanting something similar, the left would be screaming bloody murder at the mere THOUGHT of it. "

    ... reading fundamentals works for me.

    FTFA:
    "Those claims have alarmed the ACLU and other civil liberties groups, which have opposed the Justice Department's request and plan to tell the U.S. Third Circuit Court of Appeals in Philadelphia that Americans' privacy deserves more protection and judicial oversight than what the administration has proposed. "

    Gasp! Shock! Amazement!
    People who don't like something under one administration - might also not like it under another!

  28. I do not have a cell phone... by dwiget001 · · Score: 1

    ... and I never will.

    Reason: I have quite a bit of training in radio and satellite communications, radio frequency radiation and the like.

    I know what such radiation does to a body, short and long term.

    As a result, I have an aversion to carrying a transmitter on my person.

    And, it looks like, as an added bonus, "someones" will not be able to track me (or attempt to do so) by my non-existent cell phone.

    Note: In an emergency, there are probably 20 people in a four square block area with cell phones (if not more).

    1. Re:I do not have a cell phone... by joeyblades · · Score: 1

      > I know what such radiation does to a body, short and long term.

      No. I don't think you do. The radiation generated by a cell phone is non ionizing, which means it has no measurable or detectable impact to living cells. You are surrounded by non ionizing sources constantly every day. So unless you live in the boondocks and have your shack wrapped in a Farady cage, you're just being hopelessly paranoid. Or unless you're supposing that cell phone radiation is somehow magic and affects your soul... in that case, you might be on to something.

    2. Re:I do not have a cell phone... by Anonymous Coward · · Score: 0

      The ego on this one. The government doesn't know you exist. Pull your fucking head out of your ass.

    3. Re:I do not have a cell phone... by Anonymous Coward · · Score: 0

      The ego on this one. The government doesn't know you exist. Pull your fucking head out of your ass.

      Maybe the government does know he exists, and he's not supposed to go near certain areas.

  29. Re:Cell phone tower data by HikingStick · · Score: 1

    In an urban environment, 500m may not be enough to pinpoint a location. In a rural environment (or some suburban environments), however, it may well be enough to give away your location. The larger the lot and less densely developed/populated the area, the more likely 500m will make a difference.

    --
    I use irony whenever I can, but my shirts are still wrinkled...
  30. This violates our WA State Constitution by WillAffleckUW · · Score: 2, Interesting

    Unlike some other states, we have strong protections for privacy in our state, and you can't even install a GPS tracking device on a car here without a warrant, or enable that On*Star tracking feature without written permission from the vehicle owner.

    Thus, anyone tracking cell phones in our state - except in federal waterways or on a federal base or in a federal park, would still need a warrant.

    Anyone.

    Including the feds.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:This violates our WA State Constitution by Bruha · · Score: 1

      I imagine the feds will just take a shit on your state constitution. Same thing happened to the south in the 1800's, that war was not just about slavery. States rights to govern themselves was also an issue. Given they wanted the right to declare slavery legal for themselves.

      Evidence exists today when the DEA arrests medical pot users in California all the time even though it was legalized.

    2. Re:This violates our WA State Constitution by WillAffleckUW · · Score: 1

      I imagine the feds will just take a shit on your state constitution. Same thing happened to the south in the 1800's, that war was not just about slavery. States rights to govern themselves was also an issue. Given they wanted the right to declare slavery legal for themselves.

      Evidence exists today when the DEA arrests medical pot users in California all the time even though it was legalized.

      I doubt it. The US Supreme Court ruled our strong state constitutional right to privacy applied for GPS monitoring, so even wiretaps would have to meet the same bar.

      Only way around it would be on Federal land - where different rules apply.

      --
      -- Tigger warning: This post may contain tiggers! --
  31. Meet the new Boss! by cs668 · · Score: 1

    Same as the old boss!

    I guess "The Who" had it right.

  32. Turtles all the way down... by zippthorne · · Score: 1

    So, what you propose is to create not only a new constitution every fifty years, but also to maintain a meta-constitution to restrict even the creation of the fifty-year constitution?

    Although I do like the "get everyone to agree on the terms by which they will consent to be governed every generation." idea.

    --
    Can you be Even More Awesome?!
    1. Re:Turtles all the way down... by ircmaxell · · Score: 1

      Well, but then we'd need to maintain a meta-meta constitution, and a meta-meta-meta constitution, ed infinium... Pretty soon you'd have Genies to grant meta-amendments, and such.

      In case you missed the reference: http://www.amazon.com/Godel-Escher-Bach-Eternal-Golden/dp/0465026567

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    2. Re:Turtles all the way down... by Thoreauly+Nuts · · Score: 1

      So, what you propose is to create not only a new constitution every fifty years, but also to maintain a meta-constitution to restrict even the creation of the fifty-year constitution?

      Not an entirely new constitution, but an update that removes bugs, unwanted features, and security holes while improving its documentation. Constitution 1.1 if you will...

      Although I do like the "get everyone to agree on the terms by which they will consent to be governed every generation." idea

      This is really important if you ask me. It's basically tyranny to force people to adhere to a social contract they had no part in making.

      --
      "Disobedience is the true foundation of liberty. The obedient must be slaves. " ---Henry David Thoreau
    3. Re:Turtles all the way down... by Thoreauly+Nuts · · Score: 1

      Well, but then we'd need to maintain a meta-meta constitution, and a meta-meta-meta constitution, ed infinium... Pretty soon you'd have Genies to grant meta-amendments, and such.

      Now I like the idea even more. We can trap the politicians in such an infinite loop that they will be unable to do their jobs at all. They'll just argue about it for all eternity...

      --
      "Disobedience is the true foundation of liberty. The obedient must be slaves. " ---Henry David Thoreau
  33. Highly Disturbing by KharmaWidow · · Score: 1

    ... Or don't allow them to track you. In this case use a pay as you go phone or steal someone else's. And take the battery out when not in use.

    1. Re:Highly Disturbing by ScrewMaster · · Score: 1

      And take the battery out when not in use.

      Nah, my G1 takes too damn long to boot ... but theoretically if you're running a phone with an open-source OS it shouldn't be too difficult to patch it so the damn GPS isn't remotely accessible. Better yet, just make it always report that you're at home. Yeah, that wouldn't be so hot if you get shot by some carjacker and left for dead, but you can't have everything.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Highly Disturbing by adolf · · Score: 1

      FWIW:

      I have used this inexpensive pouch to keep my cell phone from working*, without the hassle of turning it off and back on. It worked fine**. The pouch has two compartments within it, one within the Faraday cage, and one outside of it, so you could use it as a normal cell-phone holder the rest of the time if you wanted to.

      *: My employer had tracking software installed on my company phone, and while I was generally OK with that during my day, I was most most certainly NOT OK with it tracking me on my days off, or when I was on lunch. The software was able to remote-start if the server-side decided that it should be on, so exiting the app wouldn't work -- it'd just come right back after a bit. And, besides, it'd log every time the app stopped and started, and when the phone would boot. Rebooting, therefore, wasn't much of an option either, as there'd be a record for at least every time the phone turned on.

      **: I had access to the website where the tracking information went. When the phone was in the bag, it had no idea what I was up to.

    3. Re:Highly Disturbing by DaleSwanson · · Score: 1

      They aren't tracking via GPS. They are seeing which tower your phone is pinging. So if the phone is powered, and within range of a tower it is trackable.

    4. Re:Highly Disturbing by BrokenHalo · · Score: 1

      Depending on your model, blocking your signal often runs batteries down fast. I spend a lot of time in rural areas of Australia, and I often get less than a day of battery life (as opposed to 3 days in the city) as a result of the machine flogging itself to death trying to find a network signal.

      This is a good argument for having your own phone: you can't be required to be constantly available. I have a friend who complains that she *has* to answer her company-supplied phone even if she's on the loo. My advice to her was to "accidentally" drop it in and flush it away.

  34. Re:Hope and Change, eh? by 91degrees · · Score: 1

    I think it's more the lack of awareness that people seem to be pretty upset about this regardless of whether it's Bush or Obama.

    It looks like the majority of comments here are about how this is a violation of fundamental rights.

  35. Re:Shocked by Obama? This is who he is... by goofyspouse · · Score: 2, Insightful

    I'm sure everyone that hated Bush is OK with Obama doing this.

    Nope. I hate this sort of nonsense no matter who is doing it. Obama has a long ways to go to catch up the BushCo's level of shenanigans, but he seems intent on doing so.

  36. Are they on fucking crack? by Anonymous Coward · · Score: 0

    Word.

  37. Re:Hope and Change, eh? by gd2shoe · · Score: 2, Insightful

    Bush 2.0? Ok, maybe, but only because the other proposed "feature set" wasn't selected. We were going to have a 4 year circus one way or the other.

    --
    I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
  38. They thought they were free by Anonymous Coward · · Score: 0

    "What no one seemed to notice... was the ever widening gap... between the government and the people. The dictatorship, and the whole process of its coming into being, was above all diverting. It provided an excuse not to think for people who did not want to think anyway... and kept us so busy with continuous changes and 'crises' and so fascinated, yes, fascinated, by the machinations of the 'national enemies,' without and within, that we had no time to think about these dreadful things that were growing, little by little, all around us. Each step was so small, so inconsequential, so well explained or, on occasion, 'regretted,' that... one no more saw it developing from day to day than a farmer in his field sees the corn growing. One day it is over his head. Each act, each occasion, is worse than the last, but only a little worse. You wait for the one great shocking occasion, thinking that others, when such a shock comes, will join with you in resisting somehow. But the one great shocking occasion... never comes. That's the difficulty." - Milton Mayer (1908-1986) journalist and educator, writing about the Nazi takeover of Germany from the point of view of the average citizen, They Thought They Were Free: The Germans, 1938-45

  39. Not exactly by joeyblades · · Score: 2, Insightful

    > these records provide only a very general indication of a user's whereabouts

    These records provide only a very general indication of a user's cell phone whereabouts...

  40. Re:Shocked by Obama? This is who he is... by inthealpine · · Score: 1

    You're not OK with it? Then why is the only thing you have to say about this "Fuck you, partisan shithead" ? Again, silent to the problem, but first one to point at the person pointing at the problem...yes, you are the problem you hypocritical hack.

    --
    "In God We Trust, All Others Pay Cash"
  41. Interesting Question by Anonymous Coward · · Score: 0

    Let's say they were able to exclude your residence; maybe the tower(s) nearest thereto.

    Wouldn't your location be "in public" and thus you would have no reasonable expectation of privacy?

  42. Re:Shocked by Obama? This is who he is... by inthealpine · · Score: 1

    I'm sure everyone that hated Bush is OK with Obama doing this.

    Nope. I hate this sort of nonsense no matter who is doing it. Obama has a long ways to go to catch up the BushCo's level of shenanigans, but he seems intent on doing so.

    Obama never backtracked from where Bush left off. He's past Bush already. But thanks for being honest-ish..

    --
    "In God We Trust, All Others Pay Cash"
  43. Mu-Metal by adipocere · · Score: 1

    At this point, given how little I use my cell phone, anyway, I am strongly considering making a little box out of mu-metal. I think (but have not run the numbers) that it would be more effective than simple copper at the given frequencies. Whenever I want to use the phone, I will take it out of the box. Seeing as how I have used no minutes or text messages this month (already a third over), there's an argument to be made for switching to a much cheaper service.

    I might get a pager, in case work (or anyone else) needs to get ahold of me.

  44. You know... I'm okay with that... Feds first! by Anonymous Coward · · Score: 0

    ie - if they want to do it, make it publicly available, on a nice, oh I don't know, google earth map.

    First people on the plot, as a test to make sure it works, all politicians and federal employees - up to and including the president, and all FBI/CIA/NSA agents.

    Oh.. that's a problem? Need their privacy to protect security? No shit? Really? So do WE!!!

  45. Re:Cell phone tower data by Anonymous Coward · · Score: 0

    Towers are denser in urban areas, so triangulation and intensity-based location is much more precise (and in Europe I guess even more).

    Obvious way to prevent the looming surveillance distopy is to mandate carriers to never log location data by default, only when there is a search warrant.
    Otherwise there will _always_ be a record where we were at any given point in time, as long as the cell phone is not off (which anyway is the usual thing done by criminals - in combination of changing numbers and devices at the same time). Imagine the misuse possibilities for that.

  46. Fourth Amendment Litmus Test by PPH · · Score: 1

    If the privacy provisions of the 4th Amendment don't apply to some records, then nobody should have any objections to allowing Verizon (or other operators) to sell this data on the open market. To anyone.

    We went down this path at one time with telephone call records. The telcos claimed that these were their property and that making records of calls (source, destination, and time, not content) didn't constitute eavsdropping or compromise customers privacy. Law enforcement loved this. Until it bacame clear that the telcos were selling these records to (overseas) firms that did link analysis and other assorted data mining. Traffic analysis based upon this kind of data is valuable to marketers in that it can identify people with similar interests, who engage in similar activities or work for the same employers. When our intelligence agencies discovered that exposing a single CIA employee (for example) could reveal the identities of hundreds of others using such analysis, they shit bricks.

    So, if law enforcement believes that location data isn't private, then they'll be OK with wireless operators handing it over to anyone. I'm sure there are a number of groups who would like to have a list of cellphones that apear from time to time in Langley, VA.

    --
    Have gnu, will travel.
    1. Re:Fourth Amendment Litmus Test by Culture20 · · Score: 1

      I'm sure there are a number of groups who would like to have a list of cellphones that apear from time to time in Langley, VA.

      Or seem to disappear in a empty-zone around Langley.

    2. Re:Fourth Amendment Litmus Test by speedlaw · · Score: 1

      Wasn't that how the Russians picked up British Agents ? When the cell was turned on, the system told them the last location the cell was on...which was where MI6 was located. With this tag the Russians were able to with some accuracy figure out possible agents. The cure turned out to be to use the phone in the Airport prior to flying, which removed the useful "last known location".

  47. Let's apply that logic to a different set of info by Anonymous Coward · · Score: 0

    "Because wireless carriers regularly generate and retain the records at issue, "
    They also regularly record and retain things like credit card #'s. Should those be handed over without a warrant too?

  48. Bullshit. by jcr · · Score: 1

    This is an obvious violation of privacy. If a private citizen isn't entitled to look up this data, then the government's not entitled to do it without a warrant.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:Bullshit. by Anonymous Coward · · Score: 0

      Wrong. As a government assistant district attorney, I'm entitled to subpoena lots of information from individuals and companies that private citizens are not entitled to see.

    2. Re:Bullshit. by znerk · · Score: 1

      This is an obvious violation of privacy. If a private citizen isn't entitled to look up this data, then the government's not entitled to do it without a warrant.

      Wrong. As a government assistant district attorney, I'm entitled to subpoena lots of information from individuals and companies that private citizens are not entitled to see.

      Subpoena = Warrant. Logic Fail.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    3. Re:Bullshit. by Anonymous Coward · · Score: 0

      Wrong again. I can issue a subpoena without any judicial oversight. A warrant is approved and signed by a judge.

    4. Re:Bullshit. by jcr · · Score: 1

      So, what you're telling us is that your office routinely violates the fourth amendment.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  49. Why? by Anonymous Coward · · Score: 0

    Can somebody tell me....and I really want to understand this... why law enforcement agencies have such a big problem with having to follow DUE PROCEDURE and getting a warrant? If they want the information that bad, and they really do have a reason to get it, then they should have absolutely, positively no problem GETTING A GODDAMN WARRANT.

    Law enforcement: Stop trying to trample all over our Constitution just because you're too goddamn lazy to do your job.

  50. Re:Cell phone tower data by Nukenbar · · Score: 1

    I'm pretty sure they are just talking about cell phone tower data. For most carriers in the US anyway, that tower data is only stored when you make or receive a call.

    I'm not sure how I feel about this. I don't think this is 4th Amendment violation because your phone is telling the cell phone company where you are, and then the company is telling the government. If I told my friend Bob where I was and he told the government, should I be mad? Maybe at Bob, but I think I lost my privacy concern when I told him. I think more people should be upset at the cell phone carriers for keeping this information for so long.

  51. Re:hope and change by houstonbofh · · Score: 1

    Hey, he is way more open about disregarding the Constitution and civil liberties.

    It was all just a misunderstanding. He was actually saying "Vote for chains" and none of us caught it. :)

  52. Bill of Rights by Anonymous Coward · · Score: 1, Informative

    The Constitution is a charter of negative liberties

    The constitution was meant to restrict the government from taking more and more control.

    Obama (and you) are thinking of the Bill of Rights.

    The Constitution assigns powers to the government.
    The Bill of Rights restricts those powers.

    "We, the people" retain all rights not assigned to Congress by the Constitution:
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    - 9th amendment

    Of course it's been flipped to be interpreted as the government having all powers not restricted by the BoR.

    Obama's vision is a constitution that has limitless government so said government can 'do things on your behalf', as though the government knew best.

    QFT, he wants a nanny/police-state.

  53. Re:Shocked by Obama? This is who he is... by ukyoCE · · Score: 3, Insightful

    I'm sure everyone that hated Bush is OK with Obama doing this.

    No. This is flagrantly wrong no matter what administration it's being done under.

  54. Re:Cell phone tower data by NeutronCowboy · · Score: 1

    Not to mention that the accuracy is on occasion pin-point - true, you don't know when a location is within a few meters of the actual location, but even a limited time series can demonstrate where someone was accurately, and how they were moving.

    --
    Those who can, do. Those who can't, sue.
  55. I must confesss... by Jawn98685 · · Score: 1

    ...that I underestimated (by a bunch) the speed at which "our" government has gone about dismantling The Constitution and The Bill of Rights since outlining the process in the "Patriot Act". While the Patriot Act was bad, and while I knew it was a sign of things to come, I really rather expected it to take a generation or two for people to get used to the ass-raping being given to their civil rights in the name of security. That this suggestion isn't being greeted, in every quarter, with torches and pitchforks is deeply troubling.

  56. Try getting these records for your stolen phone by Anonymous Coward · · Score: 0

    I've lost my phone twice and neither Sprint the first time nor AT&T the second time would give me any location information about it due to privacy concerns. I understand that they do not want the stalker being able to call them up and find out where someone is, but they don't have a problem believing that you are who you say you are when you drop the money on a new phone to replace the old one.

  57. Re:Shocked by Obama? This is who he is... by Bob9113 · · Score: 3, Insightful

    I'm sure everyone that hated Bush is OK with Obama doing this.

    Your surety is mistaken. I hated Bush (maybe hate is too strong -- I found him to be an abject failure as President), and I voted for Obama. I find his about-face on defending The Constitution to be loathsome. Sufficiently so that barring a fantastic reverse in course and taking genuine action to restore The Constitution, I will vote against him.

    "[...T]he Constitution is a charter of negative liberties -- says what the states can't do to you, says what the federal government can't do to you,"

    That is exactly correct. The Constitution has some very specific rules about what the government is not allowed to do. Those rules are the most important part of The Constitution, and the only persuasive argument against them at the time was that enumerating them could lead down a path where people would argue that those were the only restrictions on government (we have done that, and gone further to positing that other portions of The Constitution supercede the limitations, which is absolute folly).

    But the above statement, tortured though the term "negative liberties" is, is exactly correct. The liberties guaranteed by The Constitution are so guaranteed by negating the government's authority to infringe them.

    "but it doesn't say what the federal government or the state government must do on your behalf, and that hasn't shifted."

    The second statement above seems to be explaining that The Constitution grants no explicit authority to the government, and certainly nothing that could grant it power beyond the circumscriptions mentioned in the first quote. That is precisely the sort of interpretation that I (a little 'l' libertarian) would like the President to hold.

    Is the point of invoking the Odyssey quote to point out that he does not adhere to his stated beliefs (a point on which I wholeheartedly agree), or is there a supposition that the Odyssey quote itself betrays a conflict with The Constitution? If the latter, could you elaborate please? I am not following, but I am deeply interested.

  58. comes around, goes around by harvey+the+nerd · · Score: 1

    [sarcasm] Sure, Obama. Don't worry about the thousands of nutso, racist stalkers and cops that will be able to locate you 24x7, 3 years from now when you're still on the phone...

  59. How about a 3-strikes rule? by nightfire-unique · · Score: 0

    I have a proposal.

    If a public servant uses illegally obtained information (ie. warrantless wiretap), all evidence derived from that is "poisoned." That is, during the trial, if any information can be linked with illegal surveillance, violation of the 5th amendment, etc., it is "poisoned fruit" and must be discarded.

    If a case is declared a mistrial, everyone responsible for poisoning the evidence is given a warning.

    On the third warning, the servant(s) are permanently released from their position(s), and cannot re-apply for 2 years.

    Everyone wins - the guilty are more likely to be found and convicted (higher standard of evidence), the innocent are spared, and revolution is postponed (the constitution is obeyed).

    --
    A government is a body of people notably ungoverned - AC
  60. Did you get foolled again? by charliemopps11 · · Score: 1

    Say hello to the new boss... same as the old boss.

  61. 1780s by forand · · Score: 1

    Just to be pedantic the 2nd amendment was written in the 1780s not the 1880s.

    1. Re:1780s by ircmaxell · · Score: 1

      I realized that 5 minutes after I wrote the post, and was waiting for someone else to notice... Over 2 hours, for this crowd... I'm disappointed...

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
  62. I don't have a problem with it by Anonymous Coward · · Score: 0

    Let them monitor my phone's camera, microphone and USB port too.

  63. Re:Hope and Change, eh? by jgtg32a · · Score: 1

    Great care to explain where the outrage is in the mainstream media, the general public; the ACLU is doing its job but GP is right no one is screaming bloody murder.

  64. Paging Judge Walker, paging Judge Walker by SpaceLifeForm · · Score: 1

    This is a retroactive coverup to torpedo the cases in your court.

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  65. Obama isn't even a good liberal by amiga3D · · Score: 1

    What a bill of goods our last two presidents have been. One calls himself a conservative and grows the government like crazy and the next calls himself a liberal and continues the ridiculous war on liberty. I had hoped that at least with Obama that along with the usual democrat silliness we'd at least get rid of some of the crazy Bush policies against individual liberty but noooooo! He continues right along. More and more it looks like there's really only one party in Washington. The stuff about gay rights and abortion is just smoke screen issues used to divide the people so they can be bilked by the Money Party that runs both sides in DC.

  66. Lets turn this around! by Anonymous Coward · · Score: 1, Interesting

    If the feds get to track citizens, why can't the citizens track the feds? For instance.. how about a geo-location accurate to 1m on every federal employee available on a google maps website available to every US Citizen whenever they feel like checking it? I mean why not.. it's our government right? Don't we have a say in how our money is spent? Next, I'd like to track how they spend our money too!

  67. Re:Hope and Change, eh? by GaimanBohrs · · Score: 2, Informative

    There has never been great outcry in the mainstream media over any of this, regardless of who was president at the time.

  68. How accurate is the data? by fotbr · · Score: 1

    Not from a technological standpoint, though.

    I don't carry my cellphone all the time, or even most of the time. Half the time I want to have it around, I don't, because I'm not in the habit of carrying it with me. So they pull the records, and see that my phone was somewhere in an area that happens to contain my house, for days at a time -- was I sick, was I working from home, did I leave my phone behind while on vacation, or was I just being me?

    What about little johnny -- based on his demographics, his phone should be glued to his thumbs, but had it taken away by his parents or was grounded for a couple weeks for bad grades? Is the location data accurate enough to say he was or was not somewhere?

    Once they start using that data to convict people, then they're saying it's accurate enough. Which means that leaving your phone somewhere else helps (but only helps) establish an alibi.

  69. Re:Shocked by Obama? This is who he is... by Shotgun · · Score: 1

    And "healthcare reform" isn't the same shenanigans?
    TARP funds aren't the same shenanigans?
    We don't want to let them know where we are any time they desire, but we should let them have control of 1/6th of our economy?

    People, control is control. If they have a noose around a leg, they can get one around an arm. And in all cases, the goal is to get the noose around your neck. Your "protector" is and always will be your "master".

    --
    Aah, change is good. -- Rafiki
    Yeah, but it ain't easy. -- Simba
  70. So, you claim they are not doing this now? by Lost+Penguin · · Score: 1

    This is old news, they had done this for many years before 9-11-2001.
    They need a warrant?
    Now that IS news to a lot of "convicted felons" who were caught using this data without a warrant.

    --
    I am the unwilling control for my Origin.
  71. How about by Well-Fed+Troll · · Score: 1

    just turning it off?

  72. Re:Hope and Change, eh? by l3prador · · Score: 1

    Bush 2.0

    I've always preferred "2 Bush 2 Furious" myself.

  73. The Feds should re-read the bill of rights!!!! by Jackie_Chan_Fan · · Score: 1

    Stop pushing for ways to destroy America...

  74. Re:hope and change by Jackie_Chan_Fan · · Score: 2, Interesting

    Not really.

    It would seem that both the republicans and democrats are hell bent on destroying America...

    But perhaps its because we the people are hell bent on destroying America. Perhaps we just dont really get what America is... We've grown into this "NEW America"... where we think selfishly rather than thoughtfully with respect to our own freedoms and others.

    I think both political parties are full of shit and need to be burned off the planet, but I fear that entire country itself is just as careless with the original ideals of America.

    We're fucking doomed.

  75. Re:Hope and Change, eh? by Jackie_Chan_Fan · · Score: 1

    IF this were Bushing wanting something similar... as you say... He would have gotten it as well, despite how much the bloody murder the left screamed.

  76. one-way hash cannot anonymize data by Anonymous Coward · · Score: 0

    First, learn about k-Anonymity epic.org/privacy/reidentification/Sweeney_Article.pdf to get an introduction to why one-way hashes DO NOT ANONYMIZE DATA.

    Then go learn about l-Diversity http://www.cs.colostate.edu/~cs656/reading/ldiversity.pdf to learn the right way to anonymize data.

    1. Re:one-way hash cannot anonymize data by ukyoCE · · Score: 1

      Thanks for the links!

  77. stinking! by tobiah · · Score: 1

    duh

    --
    "The ability to delude yourself may be an important survival tool" - Jane Wagner -
  78. I agree by barakn · · Score: 1

    "Because wireless carriers regularly generate and retain the records at issue, and because these records provide only a very general indication of a user's whereabouts at certain times in the past, the requested cell-site records do not implicate a Fourth Amendment privacy interest," and thus the cell-site records of Federal agents should be available upon request. Start filing your FOIA papers right away.

    --
    "I'm so moist I'm sticking to the leather." -Kermit the Frog on The Late Late Show
  79. Re:Shocked by Obama? This is who he is... by evil_aar0n · · Score: 1

    I hated Bush, and I voted for Obama. But, at the same time, this is wrong, just Obama's support for warrant-less wiretaps was wrong, and the fact that Obama didn't pursue Bush's other illegal actions while in office was wrong. Just because my guy - Obama - is doing this doesn't make it right. Those of us who voted for and supported Obama are not above questioning him when he does something wrong. But where was the questioning by his supporters when Bush did wrong? And that, in a nutshell, is the difference between the "left" and "right" in this country.

    --
    Truth, Justice. Or the American Way.
  80. Re:Shocked by Obama? This is who he is... by kindbud · · Score: 1

    I notice you still have not offered any criticism either. Just had to take the red meat bait, didn't you? Limbaugh has you conditioned perfectly.

    Snap out of it.

    --
    Edith Keeler Must Die
  81. Re:hope and change by Culture20 · · Score: 1

    I fear that entire country itself is just as careless with the original ideals of America.

    Kid's aren't learning anything in civics classes because they can't read. Or tey cant rite. tight! ROFLMAOMGTTYL8R

  82. Amendment! by sam0737 · · Score: 1

    Feds push for amending the Fourth Amendment!

    More on 11.

  83. Write to the White House instead of slashdot by DarkDigger · · Score: 1

    These comments should be directed at the White House. Venting it here doesn't help anything. http://www.whitehouse.gov/contact I just finished writing them to complain and you should too.

  84. Re:hope and change by Anonymous Coward · · Score: 0

    > Still glad you voted for Obama, fucknuts?

    I know the black people are glad they voted for him. They pretty much ALL voted for him. Every time I look at a black person, I say to myself, "Thanks alot for helping fuck up this country, ape."

  85. Meet the new boss by Philip+K+Dickhead · · Score: 1

    Same as the old boss...

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
  86. Re:Shocked by Obama? This is who he is... by inthealpine · · Score: 1

    Criticism was the center of my statements. Wasn't I inferring Bush was guilty of the same thing Obama is doing? Should I draw a picture? I guess you have me pegged so well that you don't even have to read what I write; you just invoke the words ...LIMBAUGH... and your argument is already won in that brain your sitting on. The fact remains that your only criticism has been for me, still.

    --
    "In God We Trust, All Others Pay Cash"
  87. Re:Shocked by Obama? This is who he is... by inthealpine · · Score: 1

    There were detractors during the Bush administration on the right. Was I one? Not at first, but after 9/11 shock wore off and I realized we were trading our freedom for security, I snapped out of it. People on the left would riot in the street if Bush were doing this. You know it. Your 'left' is more honest than 'right' is BS; you know it.

    --
    "In God We Trust, All Others Pay Cash"
  88. Re:Shocked by Obama? This is who he is... by inthealpine · · Score: 1

    In a nutshell what I think this quote shows is that Obama understands the constitution and it's restrictions on government (even if always looking for a way around it). The 'what the government must do on your behalf' part shows that, to me, Obama does not agree with the restrictions placed on government.

    --
    "In God We Trust, All Others Pay Cash"
  89. Patriot Act renewal in new "jobs" bill - Kill it!! by sjs132 · · Score: 1

    Sounds like the 'Patriot Act' is due to be renewed. Or parts of it.. I guess they are gonna cram it into the "jobs" bill along with a lot of other payoffs. If you don't like this invation of our privacy, and you blamed Bush for the patriot act, etc, this is your chance to call Senate Majority Leader Harry Reid's office or your local senator. We expected change, not pushing the same-ol'-same-ol'. KILL THE PATRIOT ACT NOW! We CAN do this.

    --
    --- Relax, that mass muderer is just trying to reduce our carbon footprint, one fetus at a time...
  90. THis would be YOUR Political Hero by Anonymous Coward · · Score: 0

    All you Obama fanboys stand up and be counted! This is your hope and change. This is your "new tone". Yes, You Did elect this POS.

    1. Re:THis would be YOUR Political Hero by bsDaemon · · Score: 2, Funny

      Well, our choice was between the Red Bureaucracy and the Fascist Boot. What the hell were we supposed to do that didn't involve fire?

  91. The real thing here is... by Anonymous Coward · · Score: 0

    ... that warrantless means that anyone can do it. Think insurance companies, you own company, you "potential" future employer... Your competitor, your girlfriend ex-lover... etc...

  92. If it ain't illegal they'll sell the data. by Anonymous Coward · · Score: 0

    Get a yagi antenna hooked up to a laptop, point it at el presidante's car or your targets car, decrypt the cellphone signal and bam you've got their data.

    Pay whoever $100 to get the data for where that cellphone has been and now you know where they live.

    Dump the address into any one number of "find people" databases now I know who you are, what your name is, what your income is, how many kids you have...

    I setup outside of the house, get your family's cellphone IEMI's, then look at what times people go to school, come home, etc. I can then say "nobody's home between 4 and 5 PM....". So that's when we break in to plant the bomb or steal you blind.

    If the target happens to be a cop, judge, lawyer, etc who has no understanding of what privacy is and the prank happens to be leaving all this data on a laptop in the kitchen with their name on it....

  93. Re:Shocked by Obama? This is who he is... by rastoboy29 · · Score: 1

    I think you're reading way, way, too much into his statement.

    I read it simply that he's saying the government should do more for the people.

    I do not read that as "government knows best" or "government should spy on you more".

    I do disagree with this push, however.  Personally, I suspect he has bought in, to an extent, to the previous administration's paranoia.  And there are certain things in a big goverment that have consistency beyond administrations.

  94. Military Weaponry In The Hands of Citizens by weston · · Score: 1

    we aren't exactly allowed to have any weapons that would be effective at fighting the US military

    Individuals might not be allowed to have such weapons, but state National Guards are. You still have the problem of citizen balance against state power, but at least that's one potential check against federal power.

    That and the geographic distribution of actually national forces...

  95. Re:hope and change by Anonymous Coward · · Score: 0

    YEAH LIKE MCCUNT wouldve been BETTER :d

  96. Re:Hope and Change, eh? by Anonymous Coward · · Score: 0

    I modded you down because you assume Obama supporters support this too. I don't see ANYONE here defending this. Pull your partisan head out of your partisan ass.

  97. I knew it... by Anonymous Coward · · Score: 0

    Bush's fault...somehow.

  98. Turn it off, apparently by Anonymous Coward · · Score: 0

    FTA: "The Obama administration is not alone in making this argument. U.S. District Judge William Pauley, a Clinton appointee in New York, wrote in a 2009 opinion that a defendant in a drug trafficking case, Jose Navas, "did not have a legitimate expectation of privacy in the cell phone" location. That's because Navas only used the cell phone "on public thoroughfares en route from California to New York" and "if Navas intended to keep the cell phone's location private, he simply could have turned it off.""

    Er, right. So if I want to keep my location private I have to turn off my phone. Any option for keeping my location private and still receiving calls Mr Government Man?

  99. Re:Cell phone tower data by HikingStick · · Score: 1

    Such a change would also cripple emergency response services, however. Getting an emergency approval to enable to geo-location features might take more time than available in an emergency. Privacy is a mixed bag.

    --
    I use irony whenever I can, but my shirts are still wrinkled...
  100. Prove it! by Anonymous Coward · · Score: 0

    People seem to be missing the point. It's about location tracking of cell phones. The first time someone is arrested for a murder and the government says we have these gps records, for your cell phone, showing you were at this location during the time of the murder, will be hilarious. I'd love for that to happen. My defense attorney would as the prosecutor to please provide the evidence that it was indeed the accused who was in possession of the cell phone during the murder. It's political wrangling.

  101. because when you learn English... by Anonymous Coward · · Score: 0

    When you learn a language you also learn the preferred way that speakers of that language refer to themselves. It's really not a difficult concept.

    You don't get to redefine words they already use IN THEIR OWN LANGUAGE. You don't get to call a spade a table, at least not without everyone looking at you weird, why do you think that would be suddenly acceptable when it relates to their country affiliation ?

    It's not elitism at all if you think about it. Slang aside, when I'm referring to your people in your language, I had better not be inventing a new term for it that I think they should use.

  102. not a valid excuse by Anonymous Coward · · Score: 0

    He's not American but he learned English. At some point during that process, he learned that a table is called a table and a chair a chair, and yes, that the people living in the US call themeselves Americans.

    Therefore, calling them "USians" instead is certainly an intentional forceful attempt to redefine a nation's own language by non-native speakers from certain non-English speaking countries. The frequency with which it appears indicates an agenda, and that is why it got the response it did.

  103. Vuk by Anonymous Coward · · Score: 0

    One question for all.
    Do you really think that Obama, Bush, and others rules the country?
    They just actors, politics are same, because they just actors for Americans to think that they have some power, and will to choose future.
    Don't be stupid, they not making any decisions.

  104. underground iden by snapple)(two · · Score: 1

    We could always try to create a continental iden-type network, but this is just magical thinking for sure.

    --
    The requested fragment "#main-articles" doesn't exist, so don't go lookin' for it.