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Cops' Warrantless Cell Phone Tracking Now Better Than GPS

Sparrowvsrevolution writes "On Thursday, the House Judiciary Committee held a hearing to discuss a proposed bill to limit location tracking of electronic devices without a warrant — what it's calling the Geolocational Privacy and Surveillance Act, or the GPS Act. Ahead of that hearing, University of Pennsylvania computer science professor Matt Blaze submitted written testimony (PDF) telling Congress that phone carriers, as well as the law enforcement agencies with which they share data, can now use phones' proximity to cell towers and other sources of cellular data to track their location as precisely or even more precisely than they can with global positioning satellites. Thanks to the growing density of cell towers and the proliferation of devices like picocells and femtocells that transmit cell signals indoors, even GPS-less phones can be tracked with a high degree of precision and can offer data that GPS can't, like the location of someone inside a building or what floor they're on. With the GPS Act, Congress is considering expanding the ban on warrantless tracking of cars with GPS devices that the Supreme Court decided on in January. Blaze's testimony suggests they need to include non-GPS tracking of cell phones in that ban, a measure law enforcement agencies are strongly resisting."

36 of 147 comments (clear)

  1. Privacy or surveillance... by uniquename72 · · Score: 2

    ...You can't have both.

    1. Re:Privacy or surveillance... by Tanktalus · · Score: 4, Funny

      I dunno, have you met many slashdotters? I'd say that most of them are square and quite round.

    2. Re:Privacy or surveillance... by EdIII · · Score: 5, Insightful

      With respect, bullshit

      What you meant was, "Privacy or Mass Surveillance.... You can't have both".

      Privacy in the long run will always benefit the People more than governments use of mass surveillance to allegedly provide the People with more security. The common mistake is treating the government like a regular person and evaluating their possession of information as having the same possible consequences which completely ignores the massive differences in power between both actors.

      Simple surveillance, under Due Process, is not affected by creating laws to protect Privacy, or laws that ban the use of mass surveillance on people.

      Law enforcement and governments will always have enough resources and technology to intercept communications and watch a single person. It is the traditional stake out, using listening devices, gathering information the old fashioned way, etc. They might not be able to do this to millions of people at one time, but that is the point. It is dangerous to allow them to do that.

      Convince me that more than 10% of the population is currently engaged in conspiracies to commit heinous and violent acts against other citizens (forget that bullshit about the War on Drugs) and it *might* be a point for discussion.

      The greatest danger we face is the government . That's not paranoia either, but simple observation of the facts and history.

  2. Re:Not always more accurate by mblase · · Score: 5, Insightful

    The cell tower nearest my home is about 2 miles by crow, but 15 miles by car, on the other side of the reservoir. GPS is much more accurate.

    Don't they use your distance from multiple cell towers to triangulate your position?

  3. This just isn't right... in any way by dryriver · · Score: 4, Insightful

    We, the consumers, pay good money for the hardware in a smartphone, including the GPS geolocation capabilities. Then some government goons come along and say "Ha ha! We'll track your location using the GPS electronics in your phone!" ------- Same with Facebook. We, the users, make Facebook a great, big site with our data and our invested time. Then the government goons come along and say "Ha Ha! We'll find out everything we want about you by poaching your Facebook data!" ------ This particular decade has very much started on the wrong foot, with regards to personal privacy and somesuch. -------- How much worse can this all get? Will we be required by law to give up ALL PRIVATE DATA because the government likes to have it? -------- These laws and personal data tracking policies are just wrong.... wrong, wrong, wrong....

    --
    Why did the chicken cross the road? Because Elon Musk put an AI chip in its head.
    1. Re:This just isn't right... in any way by icebike · · Score: 5, Insightful

      Well instead of bitching here on Slashdot, try writing (pen and paper, not email) your representative in congress and insisting they pass the Geolocational Privacy and Surveillance Act, with no watered down provisions.

      Is it really so hard to get a warrant? If you can't convince a judge, why should a email to your cell provider suffice?

      --
      Sig Battery depleted. Reverting to safe mode.
    2. Re:This just isn't right... in any way by ducomputergeek · · Score: 4, Insightful

      There is no privacy. That's the price of modern convenience. Some of us warned folks 10+ years ago this day was coming. Most largely ignored it because of "Ooh, shiny" or "convenience".

      Genie's out of the bottle. Good luck getting it back in.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    3. Re:This just isn't right... in any way by spire3661 · · Score: 4, Insightful

      I hate to point this out, but WE are the government. I really despise people who talk about government like its this disconnected entity. We THE PEOPLE, make up the government, it is your FELLOW MAN who seeks to enslave you, not some faceless 'government'.

      --
      Good-bye
    4. Re:This just isn't right... in any way by ifwm · · Score: 3, Insightful

      If you're not a criminal

      Is there any phrase more overused and insulting, when brought up in a discussion about rights? Maybe "think of the children"?

    5. Re:This just isn't right... in any way by dkleinsc · · Score: 3, Insightful

      Riddle me this then: How is it that restrictions on fine print of financial agreements between lenders and average borrowers, which garner the support of 90% of Americans in polls, aren't actually in place? How is it that the wars in Iraq and Afghanistan, opposed by roughly 65% of Americans for years, are still going on? How is it that even though people across the political spectrum from Tea Partiers to Occupiers are demanding that big banks be investigated for what appears to be fraud fraud worth trillions of dollars, no such investigation is taking place?

      I can guess at who's demands the government is actually satisfying, but it's definitely not the general public's.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    6. Re:This just isn't right... in any way by Antimatter3009 · · Score: 3, Informative

      Because we aren't a direct democracy. Majority opinion doesn't always become law, and it definitely doesn't happen immediately. That's by design. But it still lies with the people to select the government. If our government representatives aren't doing what we want, then we have the power to select new representatives. If they're not doing what we want but we're re-electing them anyway, then that's our fault. No amount of money and corporate friends can buy a place in Congress. Instead, all that cash buys votes, but it's our fault for putting our votes up for sale.

      A beauracracy the size of the US government will always have corruption in it, but it still always comes back to us when we don't remove those responsible.

    7. Re:This just isn't right... in any way by ZeroSumHappiness · · Score: 3, Insightful

      I can stop using Facebook or Google without uprooting my life. I can't stop using the United States of America without uprooting my life.

      I choose what I give over to Facebook or Google. The government is choosing what it takes from me.

      Facebook and Google are only beholden to me insomuch as I fund their operations. The government is beholden to me by the mere fact that I am a citizen and they should be implementing things for my best interest.

      Facebook and Google are interested in connecting someone with a product with someone who could make use of that product. The government is interested in many things including harassing people that don't agree with it.

      If Facebook or Google wrongs me I can sue them in open court and, if the wrong is great enough, I can have others join my suit. The government can, without input, shut down my suit before anyone sees it through a variety of means.

      Anyone else want to add a few more distinctions?

  4. 4th amendment. no new law required by emptybody · · Score: 5, Insightful

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    Every time we pass a new law we water down the constitution.
    "papers" - is not strictly paper. it is where their data is stored.
    "effects" - whatever they have
    "houses" - where they store themselves and their stuff.
    "persons" - they themselves

    what more is needed?

    --
    comment directly in my journal
    1. Re:4th amendment. no new law required by icebike · · Score: 2

      Except that surveillance, simply having an approximate idea where you are, is not now, and never was a search. Just like having a detective follow you around is not a search.

      The fundamental problem here is that the drafters of the Constitution did not foresee technology that allowed a government to invade your privacy from a distance, and it never occurred to them that invasion of privacy itself was a problem. Therefore there is no constitutional right to privacy. A huge oversight based on the era in which the document was written, where this kind of surveillance required manpower, which was always limited.

      --
      Sig Battery depleted. Reverting to safe mode.
    2. Re:4th amendment. no new law required by FreshlyShornBalls · · Score: 4, Insightful

      Please upvote the parent here. This is EXACTLY the problem. We all know better. We know the Constitution should be protecting us and these laws are subservient to the Bill of Rights. Yet every time we allow these laws--pro or con--to be enacted, we collectively, as a Nation, say, "The Constitution is irrelevant." Of course, the more we say it, the more the police, legislators and judges believe it and act accordingly.

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    3. Re:4th amendment. no new law required by ifwm · · Score: 2

      "I'm not a lawyer, but nothing is being seized or searched"

      Again, this is incorrect. I have to assume you "nothing is being searched"ers simply haven't read the GPS decision, which clearly discusses why a warrant is required. From the GPS decision

      "“We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search,’”

      They had a problem with monitoring a persons location without a warrant.

      "“I think it’s fair to say, the use of a a GPS device like this requires a warrant where they are tracking him for a long time,” Thomas Goldstein, who has argued dozens of cases before the Supreme Court, said in a telephone interview.

      Alito wrote that Scalia’s opinion was “unwise” and said it should have examined “whether respondent’s reasonable expectations of privacy were violated by the long-term monitoring of the movements of the vehicle he drove.” “For these reasons, I conclude that the lengthy monitoring that occurred in this case constituted a search under the Fourth Amendment,” Alito wrote.

    4. Re:4th amendment. no new law required by dkleinsc · · Score: 2

      Therefore there is no constitutional right to privacy.

      Many Supreme Court justices and rulings would disagree with you on that point. Here's a fairly well-sourced discussion on the right of privacy.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  5. You CAN turn off your phone. by BitterOak · · Score: 3, Insightful

    Unlike GPS devices covertly installed on your vehicle by police, cell phones are in the user's control. You don't have to leave it turned on all the time. In particular, if you are doing something private, like visiting your mistress, you can simply turn the phone off before driving to her apartment. And if you're afraid the phone will still leak location information while in standby or power-off mode, you can simply remove the battery.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    1. Re:You CAN turn off your phone. by Anonymous Coward · · Score: 5, Funny

      There is an APP for th.... oh wait. You can't simply remove the battery on the iPhones. Droid users must be cheating on their wives! /not posting this from my company phone...

    2. Re:You CAN turn off your phone. by dietdew7 · · Score: 4, Insightful

      I don't think I should have to disable my phone to prevent the authorities from high jacking it. After all I paid for the phone and I'm a citizen not a subject. If they can convince a judge they can get a warrant, otherwise hands off.

    3. Re:You CAN turn off your phone. by BitterOak · · Score: 2

      There is an APP for th.... oh wait. You can't simply remove the battery on the iPhones.

      Sounds like a damn good reason not to buy an iPhone then.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  6. wrongly formulated by kipsate · · Score: 4, Insightful

    This seems obvious to me, but bills like this should be formulated in terms of what they actually do, regardless of the technology used.

    In this case, the bill should simply state that a warrant is required when someones location is actively monitored within a certain precision for a certain time period.

    Same with laws around cookies, which is a topic among lawmakers in some countries. Instead targeting cookies, these laws should address the fact that a user is uniquely identified across sessions and/or websites. Cookies are just one way to achieve this, but there are others which do not even require cookies, such IP number in combination with all sorts of data such as browser agent, os, screen resolution etc. etc. that makes any user pretty much unique even without cookies.

    --
    My karma ran over your dogma
  7. Re:Not always more accurate by Anonymous Coward · · Score: 5, Funny

    The cell tower nearest my home is about 2 miles by crow, but 15 miles by car, on the other side of the reservoir.

    We're talking about radio waves, not vampires. They cross water and don't follow the road.

  8. Re:Not always more accurate by Fri13 · · Score: 5, Interesting

    Your cell phone pings at least three cell tower (if just at range) and selects strongest one of them.
    And even that your cell phone does not connect to cell, it does not mean cell have not received its signal. Cell phone simply rejects the connection either knowing it can not boost signal so it is too weak or it is just so weak that even max boost it can not hold the stable enough connection to cell.

    At country land GPS is more accurate (few meters at starts but even few centimers at longer time when holding at same position, depending how accurate the clock is in device) but even with cell towers (if you just get at least three or two longer time) you can get location few tens of meters or even the estimation of the area where you can be.

    GPS is great for the user. As user is the one who gets positioning as well, not just carrier. So user can give that location information to services trough data connection to get more nice features from the phone.
    But really, phone without GPS doesn't mean you can not be tracked.

    That is one reason why no one at battlefield is allowed to carry a own cellphone because at electronic warfare, such device is bright like a smoke grenade at daylight. Every device emmiting signal can be detected and pinpointed its location.

  9. Re:Not always more accurate by robot256 · · Score: 2

    Presumably they have more information than just which cell tower you are most strongly connected to. Cell towers generally have directional antennas, and have more of them in denser areas, so they will have a pretty good idea what direction from the tower you are in. Then they measure the signal strength required to reach you, and that gives an approximate distance. If there are multiple antennas on the tower, they might even get an idea of what environment you are in based on multipath reflections and stuff. Take the heading/distance data from a couple of towers, and you can get a very accurate position without being anywhere near the towers themselves.

  10. Incorrect by ifwm · · Score: 3, Informative

    "Except that surveillance, simply having an approximate idea where you are, is not now, and never was a search." Incorrect, if you read the decision on GPS, the problem was not with knowing where people were, either very specifically, or generally, but with the amount of time that knowledge was available. The previous decision makes it quite clear that even a general knowledge, over anything other than an incidental period of time, is a violation.

    1. Re:Incorrect by amRadioHed · · Score: 3, Insightful

      Some of the justices in the GPS case mostly objected to the fact that a physical device was attached to the suspects vehicle. If the tracking was entirely unintrusive as with tracking a cell phone it may have had a different outcome.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
  11. Re:Same rules for everyone by flink · · Score: 4, Insightful

    Correct. The police should be more constrained in their actions than the average citizen. Unfortunately we've allowed things to get turned on their heads.

  12. Re:Not always more accurate by Jeffrey_Walsh+VA · · Score: 2

    "Kidnap"? "obtaining a warrant"? Are you trolling or do you really think law enforcement would ever be expected to wait to get a warrant before rescuing a kidnap victim?

  13. Re:Not always more accurate by tattood · · Score: 3, Insightful

    do you really think law enforcement would ever be expected to wait to get a warrant before rescuing a kidnap victim?

    Only if they want to convict the kidnapper. Using warrants and following the law are sort of important when it comes to convicting someone of a crime.

    --
    WTB [sig], PST!!!
  14. Re:Not always more accurate by a90Tj2P7 · · Score: 2

    do you really think law enforcement would ever be expected to wait to get a warrant before rescuing a kidnap victim?

    Only if they want to convict the kidnapper. Using warrants and following the law are sort of important when it comes to convicting someone of a crime.

    You're not talking about looking for evidence of a commited crime, but a violent crime (murder, rape, kidnapping) in progress. There's a very big difference.

  15. Re:Not always more accurate by catsRus · · Score: 2

    Law enforcement also lives in the 21st century. How long does it take to call someone to get a warrant faxed/emailed to you?

  16. Re:Not always more accurate by MrZilla · · Score: 3, Informative

    Presumably they have more information than just which cell tower you are most strongly connected to. Cell towers generally have directional antennas, and have more of them in denser areas, so they will have a pretty good idea what direction from the tower you are in.

    That is exactly right. Each cell tower has 2 - 6 cells, the borders of which are usually measured somewhat approximately by the operator. So they know which cell you are in, which tells them the rough area around the cell tower that you are in.

    They also have the ability to measure round-trip time for signals sent to your phone, giving a rough estimate of the distance from the tower to you, inside your cell (this actually becomes less accurate when signal reflection is an issue).

    Finally, the cell phone constantly measures _all_ cells it can find. Not just the ones belonging to your operator, but other operators as well, including (if the phone is capable) 2G, 3G and 4G cells. All this is reported back to the radio network controller to assist with handover decisions between cells, so your operator (and thus anyone else with enough authority) can access this information.

    --
    mov ax, 4c00h
    int 21h
  17. Not news and has long been true by drinkypoo · · Score: 2

    When E911 was mandated and everyone had to be able to provide the position of a phone calling 911 to the emergency services, the original solution was that every phone was going to have to have a GPS in it. A lot of them do (and did) have a GPS chip, even ones that don't let you get access to the positioning information. But many providers didn't want to pay for that chip until the user was really going to be doing something with it that they would somehow get paid for so they went another way: with Differential Time Of Arrival, or DTOA. GPS frequently doesn't work when you are in a building but DTOA doesn't care about a few walls as long as it has signal because they don't slow the signal down much compared to the time it spends passing through air.

    The nifty thing about DTOA from a technological standpoint is that cell sites tend to have sectored antennas, so you only need two of them to triangulate a target, and even one site is going to significantly restrict your search area, to a relatively small arc.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  18. Re:Not always more accurate by element-o.p. · · Score: 2

    Your cell phone pings at least three cell tower (if just at range) and selects strongest one of them. And even that your cell phone does not connect to cell, it does not mean cell have not received its signal. Cell phone simply rejects the connection either knowing it can not boost signal so it is too weak or it is just so weak that even max boost it can not hold the stable enough connection to cell.

    I live in a ravine a couple of miles from the nearest line-of-sight cell tower, and reception there is so poor that I had to install a signal booster to have even the proverbial snowball's chance of getting reception. Even with the signal booster, I've watched various geolocation apps* (with GPS turned off) try to locate the position of my cell phone. It's quite humorous to watch my position jump by several miles while I'm sitting in my living room. My point being, while I agree that it's possible to be tracked through cell towers alone -- and possibly even very, very accurately -- terrain and other factors can drastically affect the accuracy of the geolocation.

    *Yes, I understand that an app trying to determine location by measuring the signals from cell towers is not exactly the same thing as the cellular service provider determining location by seeing which towers can see you, but the point still stands -- terrain affects the ability to perform geolocation.

    --
    MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
  19. Re:Not always more accurate by Smallpond · · Score: 2

    Does one success make up for the raids on wrong addresses that have occurred?
    http://www.cato.org/raidmap/