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Court Rejects Warrantless GPS Tracking

The EFF is trumpeting a victory in a case in which it and the ACLU filed an amicus brief. "The US Court of Appeals for the District of Columbia Circuit today firmly rejected government claims that federal agents have an unfettered right to install Global Positioning System (GPS) location-tracking devices on anyone's car without a search warrant. ... The court agreed that such round-the-clock surveillance required a search warrant based on probable cause. ...the court noted: 'When it comes to privacy... the whole may be more revealing than its parts.'"

26 of 226 comments (clear)

  1. I'm still curious by FooAtWFU · · Score: 3, Interesting

    What happens if you find such a device on your car? Sure, you can call the police because there's a suspicious item on your car (which may be dangerous!! what if it exploded?) but do you think they would say something like "oh no, that's ours!" -- or could they tell you to leave it there?

    What happens when you run a packet dump and notice a government spyware program? whee! ...

    --
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    1. Re:I'm still curious by casings · · Score: 4, Funny

      If it wasn't secured to your car with duct tape, you can probably be pretty sure it wasn't done by the police.

    2. Re:I'm still curious by Monkeedude1212 · · Score: 4, Interesting

      Look, I know that IT professionals get stereotyped as the guys who ruin peoples lives by either making their work a living hell with Windows Updates breaking every application - or by exposing some personal emails that shouldn't have been sent on your work outlook account, or even by neglecting to upgrade you off of that old Windows NT box.

      But really, how bad does it have to get before you start suspecting that someone might have planted an explosive on your car?

    3. Re:I'm still curious by Anonymous Coward · · Score: 5, Interesting

      I used to installed GPS tracking devices for the Feds - so I can help you out. These devices are very rarely deployed - fairly expensive and time consuming, even w/o the warrant, which most Agencies have required as a matter of policy anyway for the last ten years. Yeah, sometimes the Feds anticipate rulings like this and do more than required so they won't lose evidence on appeal. Get over it. If you find one on your vehicle - you've earned it - and you won't be scratching your head as to why. Either you've been REAL busy doing some fairly bad stuff or your car is routinely used by others to do so. Knowing who was in the tracked vehicle (if the GPS records are simply being logged and downloaded) is a problem - so you're probably under physical surveillance too and the box is just to reel you back in if you get beyond visual range. Yeah, you can take it off, throw it away, turn it in at the local cop shop - you can even put it someone else' car. Won't matter - you'll soon be in line for an upgrade - that you WON'T find. And as for detecting .gov spyware with your packet sniffer. Good luck with that.

    4. Re:I'm still curious by Caerdwyn · · Score: 5, Interesting

      A long while ago (about 1996) I noticed unusual traffic coming in to my hobbyist server. Things that nowadays are just part of the background noise: port scans, SYNs to nonexistant hosts (I had a /28 block on a fractional T1. NerdPeen ACTIVATE!), that sort of thing. The source IP address in question then crawled my website and connected to my SMTP server and sent mail to itself (wisdom such as "don't be an open relay" was not widespread at the time... my diagnosic skills were better than my security skills at the time).

      A few nslookups and whois later, and a traceroute or two, and I was at Langley. Huh. Was someone there doing something? Or was it spoofed in some way? It's not like I had ever done anything interesting in my life other than flip a significantly-non-stock VW Rabbit onto its roof and host a website for friends to post their dirty pictures. Hmmm, maybe that was it. 007 wanted pr0n!

      A few emails and one phone call later and I was talking to an instructor at Langley who was teaching basic network forensics. He said they were choosing random domains then learning what they could about them and presenting that knowledge as a classroom exercise, and apologized if their was any disruption; he said it was only an attempt to do basic recon of non-NATted networks, not penetration (insert joke here). My response was something to the effect of "OK, no problem, I understand. But... I noticed . I shouldn't have. And I'm a total amateur at this. If your students are going to be able to do their jobs, they need to be less obvious about it."

      If you find a BatBug on your car, the cops need to know of their incompetence. Then send it to Gizmodo!

      --
      Everybody gets what the majority deserves.
  2. Re:So just use cops by h4rr4r · · Score: 3, Insightful

    Thus increasing the cost, meaning they won't do it.

  3. Re:Way to block Bush and the Republicans by ducomputergeek · · Score: 4, Interesting

    Just wait until more electric cars are on the road requiring some type of toll or other form of tracking so that people can be sent "use taxes/road taxes" since folks aren't fueling up with liquid fuels that are normally taxed for this purpose. Then if they want to know where you've been, it's just a sopeana away. Or more than likely, the laws will be written to where all law enforcement has to do is file a request of information.

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
  4. So far so good. by Local+ID10T · · Score: 4, Interesting

    Lets see how this goes on appeal.

    This is the kind of issue that winds up before the supreme court. It is simple, and obvious, but somebody is going to argue it to their last breath.

    --
    "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
    1. Re:So far so good. by dgatwood · · Score: 3, Interesting

      Lets see how this goes on appeal.

      You know, when I read the headline, I expected ninth circuit. I mean, I'd be shocked if this decision had come out of the 4th or 5th, but even the D.C. circuit coming to that conclusion is a bit surprising, IMHO. It's not exactly a bastion of liberalism or civil liberties.

      What's particularly baffling is that the ninth actually went the other way. So it's almost certainly a sufficiently contentious issue to get certiorari. I'll be interested to see the appeal, too. It seems clear that warrantless GPS tracking could be easily abused, and that the relatively low cost and effort involved makes it a fairly significant escalation of police surveillance. On the flip side, one could legitimately argue that anything you do in a vehicle is done in a public place and that you have no expectation of privacy. So it's definitely not clear cut either way.

      I would tend to err on the side of requiring a warrant, particularly given that it is a relatively low bar and given that there is minimal chance of the decision to plant a GPS device being so time critical that a warrant could not be reasonably obtained. And if we see warrantless GPS tracking used in a sufficiently widespread way, there is substantial risk that people will employ countermeasures to jam GPS signals in and around their vehicles. The resulting mess would endanger public safety. So it is important that GPS tracking be very limited. Requiring a warrant does this. Without requiring a warrant, the temptation is too great to use GPS as a crutch in place of proper surveillance, which in the long run would be seriously detrimental to society.

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  5. Re:Way to block Bush and the Republicans by Garrett+Fox · · Score: 5, Insightful

    You've noticed that Bush is out of office now, right? The new guy hasn't exactly shut down attempts to spy on us. He also supports Bush's warrantless wiretapping policy, one of Bush's most constitutionally questionable decisions.

    --
    Revive the Constitution.
  6. Re:Way to block Bush and the Republicans by MyFirstNameIsPaul · · Score: 5, Informative

    Huh? Where are the Democrats fighting for privacy? This isn't aisle issue, it's an establishment issue. They all support warrantless wiretapping and every other form of privacy intrusion.

    --

    I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

  7. Re:So just use cops by AnonymousClown · · Score: 5, Insightful

    And they'll just tail you night and day, just as if they had a GPS on your car, and they won't need a warrant.

    How is this about my online rights, exactly?

    That takes manpower. That's not something you can do willy nilly. They'll be damn sure the person is a suspect before doing that.

    Tackers can put be on a bunch of cars and automatically monitored for viewing later at cops leisure.

    Meaning the GPS trackers can be used as a dragnet - let's put one on a bunch of folks' cars and see what we find regardless if they're a suspect or not. Cops then see what they think is suspicious and create a story around it (intentional or not) and now innocent guy is a suspect for a crime in the imaginations of the cops. Or innocent guy just happens to be at the wrong place at the wrong time and innocent guy is now in a bunch a legal trouble.

    --
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    July 4, 1776 - September 11, 2001

  8. Re:Way to block Bush and the Republicans by Xaositecte · · Score: 3, Insightful

    I think the point is that, during the Bush years, democrats were loading bemoaning Bush's wiretapping plans and whatnot, with the implicit idea that they wouldn't have done the same in his place. Now that it's happening, they're revealed as a bunch of hypocrits.

    Not that this surprises me in the slightest mind you.

  9. Re:Way to block Bush and the Republicans by rgviza · · Score: 3, Interesting

    They're still bamboozled and think that "change" meant change as in "different".

    They still think that democrats are different than republicans in some way.

    --
    Don't kid yourself. It's the size of the regexp AND how you use it that counts.
  10. GPS tracking may be off limits all together. by Anonymous Coward · · Score: 3, Interesting

    IANAL, but I keep an eye on this stuff. In many jurisdictions you can't get a search warrant in order to put a GPS on a car, because a search warrant typically requires "probable cause" to think that a specific, specified crime has been committed, and that evidence of that crime is probable to be found in a search. The warrant then specifically must list what the police are searching for, and where they are allowed to search. There are few cases where the GPS is likely to turn up proof of a specific crime.

    The problem with GPS tracking is that it's typically used more for intellegence/surveilance type stuff. You do this before you get a warrant, in order to get enough probable cause to do a search.

    In many jurisdictions police use GPS at their own discrection because they see it as equivalent to tailing, but also because they can't get a warrant. Most police are actually pretty good about getting warrants before doing stuff when they can; there's no reason not to, and it makes a case stronger.

  11. Re:Nice one by Flea+of+Pain · · Score: 3, Funny

    Yes sir! Right away sir! I will start EFFing as soon as I see the opportunity sir!

    --
    Do not argue with an idiot. He will drag you down to his level and beat you with experience.
  12. Re:Way to block Bush and the Republicans by Beelzebud · · Score: 3, Insightful

    And a similar point could be made of right-wingers. As long as it was a right-wing administration they were just fine with warrantless wiretapping. Now? They're outraged!

    What it really exposes is that partisans are hypocrites regardless of party or ideology.

  13. Re:Way to block Bush and the Republicans by Anonymous Coward · · Score: 5, Funny

    it's just a sopeana away.

    Look, it's subpoena...or if you insist on using the Americanized form which is so ugly that most Americans don't even use it, subpena.

    Sopeana sounds like a Mexican pastry.

  14. Re:So just use cops by scorp1us · · Score: 4, Insightful

    One of the assumptions we deal with, or rather fail to deal with, is we assume the government has "better things to do". We may be small fry, but there is an enabling going on. You're only small fry until you've pissed someone off for whatever lawful reason. (Disagreements happen even when both parties are being lawful).

    Out west, they think "Washington is so far away" but really they aren't anymore.
    We think GPS-tracking is based on public information....

    But all these ideas are based on the assumption that the government has better people to go after. Having a limited resource like man power, assures the biggest offenders are handled first, and on down the line to the jay-walker. But as computers can work 24/7/365, and never forgets, and technology gets cheaper, the force of the law gets more prevalent.

    Given enough information, you can identify a person at a crosswalk, using the intersection cameras and mail them a fine. If it gets in the mail soon enough, it'll be at their house before they get home.

    So historically speaking there is a notion of "scope" or "reach" (as typified by "long arm of the law"). As we get more technology, it becomes easier to become a victim of government. Even if they don't act on what they know about you (cost-benefit) they can still use it at a later date. Most of us I am sure have some unflattering FBI files, collected opportunistically. Drunken Facebook postings and blog posts, its all there to be compiled and added to your dossier...

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  15. Re:Way to block Bush and the Republicans by blair1q · · Score: 4, Insightful

    Don't confuse what Obama is doing with what Bush did.

    Bush committed a crime by suborning those illegal wiretaps.

    Obama is trying to avoid having to prosecute Bush and his administration for that crime, and to avoid having the government sued over what Bush did.

    But when it comes right down to it, and he can't avoid it, that's what will happen. And it won't be Obama's fault.

    Enjoy your healthcare.

  16. Re:Way to block Bush and the Republicans by BassMan449 · · Score: 4, Informative

    Gas taxes have nothing to do with "the bad things" about gasoline. Gas taxes are what is used to maintain the roads. A large part of the states Transportation budget comes from the revenue collected through gas taxes.

  17. Re:So just use cops by PinkyGigglebrain · · Score: 4, Insightful

    I think there are two other factors to consider as well that make GPS tracking bad.

    A GPS would be able to track you while on private property, a ranch maybe, a couple of agents couldn't do that so in such a case a GPS is more invasive of a person privacy.

    Another factor is if someone else drove the car that had the GPS attached, they would be tracked even though they are not "a person of interest". This would be problematic if you tried to use a GPS track of someones car to place a specific person at a location at any time.

    In regards to Police, in their minds EVERYONE is guilty of something and its their job to catch you, and they feel its alright to use every trick in the book to get you to say something they can use against you.

    Remember its "Anything you say can and will be used used against you".

    Interesting to Watch.

  18. Re:Way to block Bush and the Republicans by AltairDusk · · Score: 4, Insightful

    I don't think you understand what the gas tax is used for. It is there to help pay for the maintenance of the roads and highway system, electric cars do not obviate the need for road maintenance. Hijacking it to push a public policy agenda is a mistake I'm not going to get into here (too far off topic). Increasing the registration tax to cover the maintenance needs places a greater portion of the burden on those who don't drive very far compared to the current method, the gas tax is not perfect for this either but those who use the roads more do pay more on average.

    As far as the government holding information about you, remember that knowledge can just as easily be used to your detriment as it can to your benefit. As history shows us, trusting the government to always do the right thing doesn't tend to work out so well.

  19. Re:Way to block Bush and the Republicans by rickb928 · · Score: 3, Insightful

    And Obama's policy on wiretaps and surveillance is left-wing? There's not a nickel's worth difference between them. this is not Left v Right, Republicans v Democrats, it is Us v Them.

    You're losing this argument.

    --
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  20. Re:So just use cops by akgooseman · · Score: 3, Insightful

    Why bother with email? A civil fine can be automatically withdrawn directly from a bank account, credit or debit card. Much more convenient for everyone this way.

  21. Re:Way to block Bush and the Republicans by interkin3tic · · Score: 3, Interesting

    Gas taxes are what is used to maintain the roads. A large part of the states Transportation budget comes from the revenue collected through gas taxes.

    If we go with hydrogen fuels, then obviously a tax on fuel will still be possible, and would be much easier than GPS for everyone. If we go with electric cars, then increased license and registration, increased sales tax on cars, and increased other taxes would still be an easier path to covering those expenses than GPS. If for some reason we are absolutely sold on sticking with "You pay for exactly how much you drive," I'd expect some type of correspondence with your odometer, not telling them your position at all times.

    Installing a GPS in everyone's car is the most complicated and expensive way of measuring how much one has used the roads and would face significant public opposition. Politicians usually take the path of least resistance. I think it's unlikely GPS will be trotted out as a widespread policy.