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To Catch A Robber, The FBI Attempted An Unprecedented Grab For Google Location Data (forbes.com)

Back in March, as it investigated a spate of armed robberies across Portland, Maine, the FBI made an astonishing, unprecedented request of Google, Forbes reports. The feds wanted the tech giant to find all users of its services who'd been within the vicinity of at least two of nine of those robberies. They limited the search to within 30-minute timeframes around when the crimes were committed. But the request covered a total space of 45 hectares and could've included anyone with an Android or iPhone using Google's tools, not just the suspect. From a report: The FBI then demanded a lot of personal information on affected users, including their full names and addresses, as well as their Google account activity. The feds also wanted all affected users' historical locations. According to court records, while Google didn't provide the information, the cops still found their suspect in the end. Outside of concerns around government overreach, the FBI's remarkable attempt to force Google to assist in its investigation will likely worry all who were disturbed by an Associated Press investigation published on Monday that claimed Google continued to track people even when they turned location features off. The court warrants unearthed by Forbes indicate some at the FBI believe they have a right to that location data too, even if it belongs to innocents who might be unwittingly caught up in invasive government surveillance. And the government feels such fishing expeditions are permissable; it issued the warrant on Google without knowing whether or not the suspect used an Android device or any of the company services at all.

140 comments

  1. It is better by Anonymous Coward · · Score: 0

    It is better that a thousand guilty men go free, than for me to have to chase after them.

    1. Re:It is better by DickBreath · · Score: 4, Insightful

      It's better for a thousand innocent people to be prosecuted than for police to do actual police work. Extra bonus points of the police can beat them up, off camera, on the way to jail.

      --

      I'll see your senator, and I'll raise you two judges.
    2. Re:It is better by Anonymous Coward · · Score: 0

      It's called a DRAGNET!.

      No, no. It's called INGSOC.

  2. Too much TV by bob4u2c · · Score: 5, Insightful

    Clearly the FBI has been watching too much CSI and Criminal Minds. How did these guys do their job before technology kept track of everyone?

    1. Re: Too much TV by Anonymous Coward · · Score: 1

      Poorly

    2. Re: Too much TV by Anonymous Coward · · Score: 1

      Clearly you misunderstood his question. He said 'BEFORE'

    3. Re:Too much TV by Anonymous Coward · · Score: 0

      Tooth radios and tracker implants.

    4. Re:Too much TV by Rick+Schumann · · Score: 1

      You're thinking along the same lines I was just thinking. One might have thought that 'art imitates life', and TV show scripts were getting ideas from what's happening in the FBI/HLS/NSA/etc, but perhaps it's the other way around, and not-too-bright LEOs are watching cop shows and thinking to themselves "Wow, I didn't know I could get Google to give me all that information, I'll have to try that some time!".

    5. Re:Too much TV by 110010001000 · · Score: 2

      Why? It seems logical to me. Everyone is walking around with a tracking devices that sends their current location to mega corporations. Why wouldn't the FBI ask for that information?

    6. Re:Too much TV by Anonymous Coward · · Score: 1

      99% of the time, police solve crimes by having someone tell them who did it.

    7. Re:Too much TV by Aighearach · · Score: 1

      Clearly the FBI has been watching too much CSI and Criminal Minds. How did these guys do their job before technology kept track of everyone?

      Well, OTOH, they matched the shoe print in the snow to an Under Armour sneaker, which they then somehow found, and took DNA from, and they already had the suspect's DNA in the database. Then they were also able to corroborate using a toll pass from his work(!!!) truck.

      They're arrogant and lazy, and their hubris is their main impediment. Imagine if google had given them the information, and then they followed that to the other evidence, then they could have lost the whole case.

    8. Re:Too much TV by Anonymous Coward · · Score: 0

      China Google would have no qualms with this request. Because we all know, the Chinese government is clean as a whistle.

    9. Re:Too much TV by 110010001000 · · Score: 1

      Neither would America Google. They sell the data to anyone who asks. I don't get why people are so upset about it. What do you think they do with all that data?

    10. Re: Too much TV by BlueStrat · · Score: 4, Insightful

      Clearly the FBI has been watching too much CSI and Criminal Minds. How did these guys do their job before technology kept track of everyone?

      Poorly

      And that is intentional and by design.

      Laws are created, worded, and punished according to how possible it is to enforce and how often on average someone committing a particular crime will be caught. Speeding tickets are on average in the US several hundred dollars because most people are not caught. It would cause riots if there was perfect enforcement and were fined that amount for any and every single instance, even momentary, that someone exceeded the speed limit.

      What the FBI is engaging in here is attempting to set the precedent for issuing general warrants, which are forbidden under the US Constitution.

      There is a cost to having a free and open society. One cannot have an ordered, "safe" society where nearly every criminal is apprehended and broad personal liberty. They are mutually exclusive.

      Safety | Liberty

      Choose one.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    11. Re: Too much TV by Anonymous Coward · · Score: 0

      Safety | Liberty

      Choose one.

      Strat

      Safety and liberty are not mutually exclusive. Security and liberty are.

    12. Re:Too much TV by Anonymous Coward · · Score: 0

      Two words...

      Double. Hacking.

      https://www.youtube.com/watch?v=u8qgehH3kEQ

  3. ARMED "robber" by xxxJonBoyxxx · · Score: 0

    >> spate of armed robberies

    The goon was armed. Telling people he would kill them for a little money. Find him (or her), melt down his gun and toss him in the woodchipper - improve the world!

    1. Re:ARMED "robber" by Archangel+Michael · · Score: 0

      Well, in California, that is a Catch n Release crime. Since nobody was actually hurt during the robberies, it isn't considered violent, and hence subject to release before trial. Add in the "Bail is too hard on criminals" logic from a number of left wing loons, and you have criminals who know they are free to commit crimes.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:ARMED "robber" by Anonymous Coward · · Score: 0

      >> spate of armed robberies

      The goon was armed. Telling people he would kill them for a little money. Find him (or her), melt down his gun and toss him in the woodchipper - improve the world!

      YES, Find them at all costs! I would gladly let myself be tracked, hell I would give up the data voluntarily if i was asked! Anything to help track down a fugitive from the law.

    3. Re:ARMED "robber" by cascadingstylesheet · · Score: 1

      >> spate of armed robberies The goon was armed. Telling people he would kill them for a little money. Find him (or her), melt down his gun and toss him in the woodchipper - improve the world!

      That's what us mean old white guys have been saying forever (although a tall tree and a rope is less messy) ...

      We got mostly overruled though; we have to first figure out what the root causes and inequalities and so forth were that motivated this armed goon. Then and only then might we decide if he can even have a short stay at the graybar hotel.

    4. Re:ARMED "robber" by DickBreath · · Score: 1

      > The goon was armed. Telling people he would kill them for a little money.

      What if he had no arms, but told the victims that he did? (But he would be unable to wave his arms while explaining.)

      --

      I'll see your senator, and I'll raise you two judges.
    5. Re:ARMED "robber" by Anonymous Coward · · Score: 1

      That is complete nonsense. Armed robbery is considered a violent crime under California law. But the constitution still requires reasonable bail. The founders had this ridiculous notion that someone should have a trial and be proven guilty before being punished. They also had this ridiculous notion that everyone was entitled to a trial by jury. We have come so far in our understanding of freedom that we now know both of those things just make us less safe. Better to let police, prosecutors and judges sort things out and punish people.

    6. Re:ARMED "robber" by Anonymous Coward · · Score: 0

      I wonder whether you would feel that way if the police showed up at your door to question you and you had to tell them you had left your phone on the bus and were at home in bed when the crime happened. You think they would believe you? Especially if every other person on their list had an alibi or clearly did not fit the description?

    7. Re:ARMED "robber" by sjbe · · Score: 4, Insightful

      Well, in California, that is a Catch n Release crime

      Citation needed. Armed robbery is not a catch and release crime nor is it considered non-violent.

      Add in the "Bail is too hard on criminals" logic from a number of left wing loons

      Nice strawman. Nobody is making the argument that bail is too hard on criminals. The argument is that bail unfairly penalizes people who are poor and cannot afford bail. One's financial means should have zero relevance on whether you remain in a jail cell.

    8. Re:ARMED "robber" by xxxJonBoyxxx · · Score: 1

      >> Armed robbery is not a catch and release crime nor is it considered non-violent.

      Right, and that's why I was annoyed by TFA headline. A "robber" (as per the headline) could potentially be non-violent, e,g., a bike thief. An "armed robber" (as per TFA; this is someone who expressly values property above life) is the worst kind of anti-social scourge and should be thinned from the herd.

    9. Re:ARMED "robber" by Anonymous Coward · · Score: 0

      Another Trumptard spewing nonsense. It never ends.

    10. Re:ARMED "robber" by Austerity+Empowers · · Score: 1

      You think they would believe you?

      They shouldn't, I saw him do it. Filthy AC's are ruining my city, taking our jobs, bringing in drugs, hang em all.

    11. Re:ARMED "robber" by drew_kime · · Score: 1

      Add in the "Bail is too hard on criminals" logic ...

      If we're talking about bail, we're dealing with defendants, not criminals.

      --
      Nope, no sig
    12. Re:ARMED "robber" by Archangel+Michael · · Score: 1

      It was partially hyperbole. There is a Catch and Release mentality in California.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    13. Re:ARMED "robber" by sjames · · Score: 1

      Looks like it's time to repeat high school civics!

      Bail is for people awaiting trial. You seem to have forgotten that in the United States, you have the right to be presumed innocent unless and untill you are found guilty in a court of law. So the actual claim is that bail is too hard on innocent people.

      [Smacks desk with a ruler] *WAKE UP!!!*. Now, tell me, in the United States of America, what are you UNLESS and UNTIL you are found guilty in a court of law?

    14. Re:ARMED "robber" by Anonymous Coward · · Score: 0

      Would you assume "wrongful death of a minor" to be a catch and release incident?

      If not, the New Mexico school shooting trainer would be a prime counterexample. Catch and release for a modest amount of bail.

    15. Re:ARMED "robber" by Anonymous Coward · · Score: 0

      Bike thief? They generally aren't robbers, unless they push you off your bike and then hop on and ride away.

      Robbery involves violence, threat of violence, or intimidation.

  4. Detectives by Anonymous Coward · · Score: 0

    In the past, detectives had to actually "detect." Now, they just want the answer to pop-up on their display screen.

  5. It's about time by Anonymous Coward · · Score: 0

    The law is the law, just follow it.

    1. Re:It's about time by DickBreath · · Score: 2

      Follow the law. Wherever it may lead. To a police state. A dictatorship. Total control over the population.

      --

      I'll see your senator, and I'll raise you two judges.
    2. Re:It's about time by Anonymous Coward · · Score: 0

      This. Oh, and by the way, they tried to overthrow the 2016 election.

    3. Re:It's about time by Anonymous Coward · · Score: 0

      That's easy to say, but there are no consequences for breaking the law in the US. There's no forum in which the FBI's illegal acts can be brought to justice. I don't know if you're familiar with how things work in America, but oftentimes the government gets caught red-handed doing "illegal" things but there's no actual statute that they violated. So a judge just says "hey, you can't do that" and that's that. No punishment. The perps don't just walk free often; they walk free every single time, and that's even after being declared guilty by a judge.

  6. curious? by Anonymous Coward · · Score: 0

    Did the people getting robed get all their stuff back?

    1. Re: curious? by Anonymous Coward · · Score: 0

      Nah, just a matching wizard beard.

    2. Re:curious? by Anonymous Coward · · Score: 1

      Getting robed isn't so bad. In fact if it fits, and the material is soft its probably nice.

      But getting robbed is a different matter entirely.

  7. They looking for one person by Anonymous Coward · · Score: 0

    If it's not you, you have nothing to worry about.

  8. You mean... by Anonymous Coward · · Score: 0

    the FBI is doing things that are unethical and violate rights?

    Not really news anymore, thought this was just assumed. Just like all the crimes and overreach committed by government employees, not one person will be disciplined.

  9. And yet in the UK by drewsup · · Score: 2

    You have to drag police to a robbery, property crimes might as well be ignored here, and yet in the States, the Feds get involved, granted, now I see he was armed, but why wasn't this handled by local constabulary?

    1. Re:And yet in the UK by 93+Escort+Wagon · · Score: 2

      Bank robberies fall under the purview of the FBI.

      --
      #DeleteChrome
    2. Re:And yet in the UK by Anonymous Coward · · Score: 0

      Just say the robber yelled a slur against minorities. They'll send a whole division in record time.

    3. Re:And yet in the UK by Anonymous Coward · · Score: 0

      First of all, what in the living hell is a constabulary?

    4. Re:And yet in the UK by Anonymous Coward · · Score: 0

      First of all, what in the living hell is a constabulary?

      It's an extremely British term for "Police Department."
      It roots in "constable" which is a very British term for a police officer, and has the suffix-morph "bulary" which is a British term for "very British gathering place." So the combined word roughly translates to "very British gathering place for British police officers in Britainnia."

    5. Re:And yet in the UK by Anonymous Coward · · Score: 0

      You have to drag police to a robbery, property crimes might as well be ignored here, and yet in the States, the Feds get involved, granted, now I see he was armed, but why wasn't this handled by local constabulary?

      There is no 'constabulary', because here in the US we use real words.

  10. They do have a right to that data by Anonymous Coward · · Score: 0

    Third party doctrine, do you speak it? Next time, you should be asking "why does Google store this data?"

    1. Re:They do have a right to that data by Calydor · · Score: 1

      Well, no they don't.

      Google is storing this information so they can SELL IT to someone else. The FBI can't just call up a grocery store and say, "Give us all your apples!" If they want apples they can buy them like any other customer.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    2. Re:They do have a right to that data by DickBreath · · Score: 1

      > Third party doctrine, do you speak it? Next time, you should be asking "why does Google store this data?"

      A better question for Google's next shareholder meeting: why isn't google selling this data each time the police state wants to have a peek?

      --

      I'll see your senator, and I'll raise you two judges.
  11. I'd bet 1 person was at three or four robberies by raymorris · · Score: 4, Insightful

    Of the nine robberies, I would bet only one person was at three or more of them.

    The 30 minutes time frame before and after, and two of nine, seems a bit broad to me. Suppose the FBI had asked Google:

    Please let us know if you have records of one person being at at least three of these armed robberies, within 5-10 minutes of when the robbery occurred.

    That would identify approximately one person, the armed robber. If Google has that information, I don't see why the FBI shouldn't ask for it.

    1. Re:I'd bet 1 person was at three or four robberies by Austerity+Empowers · · Score: 4, Insightful

      If you have *a* suspect and you want to build a case by requesting information regarding his whereabouts from his cell phone company, plus google, I agree.

      I don't think you should be able to request information about a large number of people, most of whom are innocent, to maybe find just one guy.

    2. Re:I'd bet 1 person was at three or four robberies by sjames · · Score: 1

      If the person is actually the robber, I would expect him to be present at ALL of the robberies at the exact time of the robberies. Start there. If nobody pops up, then consider possibly widening the constraints to account for imperfect tracking, but by the time they get down to only being present for 2 within such a wide area and a 30 minute time frame, they're essentially asking for junk data.

    3. Re:I'd bet 1 person was at three or four robberies by PraiseBob · · Score: 1

      But...
      What if he carries an iphone?
      What if he left his phone at home, rather than bring a tracking device to the scene of a crime he is committing?
      What if he uses burner / disposable phones?
      What if he has access to, and carries the phone of somebody he doesn't like? An ip address isn't a person, and similarly, a phone isn't a person.

      How many times does a story like this need to be news, before criminals decide to turn off their phones and remove the sim before committing a crime? I'm all for cops being able to do their jobs, but this is an overly broad warrant, a fishing expedition at its very core, which is specifically not allowed.

      (Of course as a counterpoint to all of the above, we have examples every day of criminals recording their crimes with their personal phones and posting it online.)

  12. Re:Perfectly fine request by DickBreath · · Score: 5, Insightful

    > Seriously I think it's legitimate and you privacy asshats can go f*** yourselves...

    I think the FIB was not especially interested in this robber. They were more interested in setting the precedent of making such a large grab of location data. One more step towards a police state. Little by little the water boils.

    Nobody will need to ask "your papers please!". They'll already know who you are, they'll just need to tell you to strip for the search at each road checkpoint.

    --

    I'll see your senator, and I'll raise you two judges.
  13. Simple by LasVeganLucy · · Score: 3

    Just leave your android phone at home when you commit an armed robbery.

    1. Re:Simple by DickBreath · · Score: 3, Funny

      It goes against the UN Universal Declaration of Human Rights to even suggest that someone be deprived of their android phone for the length of time necessary to perform an armed robbery.

      --

      I'll see your senator, and I'll raise you two judges.
    2. Re:Simple by Aighearach · · Score: 1

      And your toll pass.

      And your shoes.

  14. It's for the greater good though by Anonymous Coward · · Score: 0

    Won't someone please think of the children!?

  15. Some? by Anonymous Coward · · Score: 0

    "... some at the FBI believe they have a right to that location data too, even if it belongs to innocents ..."

    Some? Given recent FBI access demands, I think "most, including all the FBI leadership, and everyone making FBI policy."

    At first read I thought that the warrant was limited enough to be a reasonable request (45 hectares and 30 minute intervals). And then I noticed it was Portland, a substantial city. And then I read that the FBI had no probable cause to believe the suspects used an Android phone. I mean it's not an unreasonable guess, with the other reasonable guess being an iPhone, so that's a roughly 50/50 chance of being right. What if the culprits didn't use a phone though?

    Is this warrant limited enough? I'm thinking this is sketchy.

  16. "FBI": by Sebby · · Score: 1

    F: Fucktards,
    B: Bitches &
    I: Imbeciles

    --

    AC comments get piped to /dev/null
  17. I'm not defending robbery, but... by Anonymous Coward · · Score: 1

    What kind of an idiot tells Google where he is at all times while committing an armed robbery?

    It's a dick move to rob anyone to begin with, but it takes a special kind of stupid to broadcast your location to the world's biggest mass surveillance company while you're doing it!

    1. Re:I'm not defending robbery, but... by Trax3001BBS · · Score: 2

      What kind of an idiot tells Google where he is at all times while committing an armed robbery?

      It's a dick move to rob anyone to begin with, but it takes a special kind of stupid to broadcast your location to the world's biggest mass surveillance company while you're doing it!

      Two programs that are give-me's for tracking when no tracking is selected are Weather and Maps.

      Best to leave your Android/Apple behind, on the other hand that would imply premeditated.

  18. Welcome to cyberpunk by HeckRuler · · Score: 3, Insightful

    So I've got this idea that we've more or less caught up to the cyberpunk genre. It's no longer sci-fi, it's just fiction. Sometimes current events. I'm collecting a pile of Articles that lend weight to that argument. This one is going on the pile.

  19. Re:Perfectly fine request by Anonymous Coward · · Score: 0

    Yeah, completely legitimate for you and your fellow comrades who are used to this sort of police state. So how is Siberia, or are you in Moscow or Beijing?

  20. And this is where "what do you have to hide" dies. by gettin2old · · Score: 5, Insightful

    FBI: Hey, we notice you were in these 2 places an these dates and times.
    Me: So?
    FBI: We're investigating robberies there.
    Me: So? Wasn't me.
    FBI: We'd like to talk to you anyway.
    And now I'm spending money on lawyers just for being in the wrong area.

  21. why one extreme vs another by AlwinBarni · · Score: 4, Interesting

    As with any controversial topic it is always one extreme vs the other: either we let all robbers lose or we have a police state. I cannot stress enough that there is a middle ground, a situation when the police has tools to effectively catch criminals and citizens have enough freedom to not be oppressed by the government.

    People mostly do not realize how much government oversight they take for granted nowadays vs ancient times and still not ending up with a police state (e.g. there was time, when people were free to travel to any country with only restriction to report at the destination to a local duke). On the other hand technology did change reality for both police and criminals, the latter use it freely, let the police also have a chance - the point is to make enough check and balances to keep a free society.

    I think a key to a free society is not police stripped of modern tools, but a healthy (being exercised by educated and informed society) democracy with police having tools but being kept accountable for its actions. Technology will keep changing the reality we live, we have to adapt, otherwise the free society many of us enjoy might perish - aka cyber-warfare dangers to democratic elections.

    1. Re:why one extreme vs another by Whorhay · · Score: 1

      For me a big part of the problem is that our society routinely refuses to hold law enforcement responsible for wrongs when they are caught red handed. Some large parts of the population justifiably have a deep rooted mistrust of law enforcement. So I'm leery of granting broader powers to the police when they frequently have shown they can't be trusted with what they do have.

    2. Re:why one extreme vs another by grep+-v+'.*'+* · · Score: 1

      I cannot stress enough that there is a middle ground,

      Jesus Christ, a well-reasoned, insightful comment -- from under what rock did YOU come crawl out from?

      We don't want your kind here, either you're WITH us or your AGAINST us. Thinking there's a middle ground for everybody to stand on. (Walks away) Ridiculous ... my adrenaline high is fading away just thinking about it.

      --
      If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
    3. Re:why one extreme vs another by Anonymous Coward · · Score: 0

      ... that there is a middle ground ...

      You've avoided the issue, now answer the questions. Is police demanding the name of people in the area (eg. people at home/school/work), a part of that middle ground? Is police demanding businesses spy on their own subscribers, a part of that middle ground?

  22. Re:Perfectly fine request by Anonymous Coward · · Score: 1

    As the saying goes, the more laws, the better the chance that everyone is a criminal -- or could be, whenever government sees fit. With the new surveillance state created by profit-seekers, creating criminals out of nowhere just became at least an order or magnitude easier. Want to make a criminal out of Steve Smith? Just call up Spybook. Done.

  23. Steve Raumbaum by Anonymous Coward · · Score: 0

    This is why Steve Raumbaum hates the FBI.

  24. Easier - drop into a small Faraday pouch by Anonymous Coward · · Score: 0

    Easier - drop into a small Faraday pouch.
    And for gods sake, stop using gmail.

    They are $9 on Amazon. Use mine before entering any parking lot.

    There's also airplane mode which disables the radio, so location data can't be provided until later. No sure if that will delay it.

    Going to google is an issue, but the FBI has been going to Verizon, t-mobile and AT&T for decades about this stuff.

    Purge google play services - wipe android and load a 3rd party OS onto your device. Only buy devices with support by other OSes. Walk with your cash.

  25. Re:Perfectly fine request by Anonymous Coward · · Score: 0

    everybody is already a criminal(ok, ok only 99% of people), its just that government can't enforce it without changes like this one, average person in USA breaks 3 laws EVERY SINGLE DAY,

    only reason most people are not already in prison/have their right to vote revoked is that current laws limit what police/FBI/CIA/NSA can do, and they don't have enough people working in police/FBI/CIA/NSA to handle all data, that new data-center built few years ago did help a bit

    for more info refer to https://mises.org/library/decriminalize-average-man

  26. Re:Perfectly fine request by zlives · · Score: 4, Insightful

    I don't really understand the issue, the police can request a warrant of data... could be wide or narrow, its up to the judge and lawyers to fight that battle.
    The real issue is google here or other tech companies who are storing this data. I havn't seen a single comment made about that. if you care for your privacy, stop using these tackers.

  27. Re: Perfectly fine request by Anonymous Coward · · Score: 1

    Ya, people got desensitized to that loooong time ago.

  28. Re:Perfectly fine request by Xylantiel · · Score: 5, Informative

    Google does this kind of profiling for its commercial customers (advertisers) all the time. The only difference is that they don't share the identity of the user with the advertiser, but they know who it is. The person gave up this privacy willingly. If Google wants to retain and monetize this data, they (and you) should not be surprised when law enforcement wants to use it too. A court order should take precedence over Google's privacy policy, otherwise Google is above the law. This is why privacy policies are pretty much fiction. They are essentially unenforceable. What is your recourse if it is broken? What are the damages? They can't refund your money or anything. They won't go to jail. They're too big for you to successfully sue them. Law enforcement must have a legal way to access the records for the legal system to function. That the modern internet economy is built upon this fiction doesn't make it less of a fiction.

  29. What about the third scenario? by raymorris · · Score: 4, Interesting

    > I don't think you should be able to request information about a large number of people, most of whom are innocent, to maybe find just one guy.

      Agreed.

    > If you have *a* suspect and you want to build a case by requesting information regarding his whereabouts from his cell phone company, plus google, I agree.

    IF they have probable cause and a warrant, agreed.

    Here we have a class that doesn't fit either of the above.
    They don't need info about many people. They don't have the name of a suspect.

      They have evidence that the (one) perpetrator or team repeated the crime in several locations at known times. They can ask Google for the name of the ONE person who was at all crimes. Google can run a quick database query to get one name, the very likely perp. Obviously then police would follow up and gather appropriate evidence.

    I (and SCOTUS) think there is an interesting distinction between the government saying "give us data on everyone so we can see if any of it is interesting" vs "here are some criteria which will identify the armed robber. Let us know if you have the name of the person who fits these very specific criteria."

    By way of analogy, it would generally be unconstitutional for the FBI to subpoena all of my emails in order to see if I ever talked to Paul Combetta. It would be legal for them to ask for "any emails you exchanged with Paul Combetta in July 2014 about wiping servers". Specificity matters.

    1. Re:What about the third scenario? by MoralCharacter · · Score: 1

      I'm sure with how things are at google - employees would threaten to walk off the job even if they did accept a super specific request like that.
      Honestly, Google already has this information, we know it, FBI clearly knows it. Googles doing god knows what with it (general assumption being advertising) but using it to find a robber and pass just that persons name on with relevant info on their known whereabouts specific to the timeframe of the robberies? Probably a hell of a lot better use of that data than what they're currently doing with it.

    2. Re:What about the third scenario? by Anonymous Coward · · Score: 0

      The problem with all of this is: Who owns our phones and what are they for.
      I have no problem dropping several hundred dollars on a device that can help me find my way around, connect me with friends and family, and help me interact with services I want to use. I have tacitly agreed to allow for advertising as a side affect of that benefit, but having law enforcement, who adds no benefit to the actual parties involved (Google, the services, the phone owner), impose as an additional cost to the user, the specter of being tracked, monitored, and potentially swept into criminal investigations, does introduce a fairly strong deterrent to using that device, or at the very least, some of the related services.

    3. Re:What about the third scenario? by Anonymous Coward · · Score: 0

      A request like this which could, no matter how improbable, set a disastrous precedent. If by chance this particular suspect didn't carry a phone, but some unfortunate innocent happened to meet this low quality criteria and had no way to prove innocence, you just caught the wrong guy. The fact that they didn't KNOW the suspect had a phone in the first place should be enough to nullify the request.

      Service guys, delivery, and random drivers have every right to be in any of those areas defined as criteria, even 30 minutes before/after a crime. With 2 of those areas covering more area than separates them, you'd drag net several people who may have nothing to do with it.

      With the way precidents tend to make legal queries lazier in scope, this could lead to terrible cases down the road. "Prove you didn't do it" stuff....

    4. Re:What about the third scenario? by terrycarlino · · Score: 1

      Just playing devil's advocate here but the benefit to you is that someone who could potentially rob you will be prosecuted and with luck removed to where they can no longer rob you. Society benefits by the prosecution of law breakers.

      Having said that I don't believe that such wide nets meet the constitutional requirements. If the FBI has a suspect and can delineate a narrow enough query such as "Where was Joe Shmo at these particular times" or better yet "was Joe Shmo here at this particular time" all well and good. Asking for Google to data mine for a John Doe and cough up a list of people with 40% match to all of the locations or some other vague criteria is the definition of unreasonable search as it violates the rights of all of the innocent people who were in no way involved with the robberies.

  30. In for a penny, in for a pound by Solandri · · Score: 2

    Suppose the FBI had asked Google: Please let us know if you have records of one person being at at least three of these armed robberies, within 5-10 minutes of when the robbery occurred.

    That would identify approximately one person, the armed robber. If Google has that information, I don't see why the FBI shouldn't ask for it.

    Is it really that bad for the government to get all that information on everyone who traversed those areas at those times, when Google already has it?

    Seems to me that if you're upset at the government trying to get that info, you should also be upset that Google has been recording it.

    1. Re:In for a penny, in for a pound by Headw1nd · · Score: 1

      I will be upset that google has that information when they have a police force, a military, and prisons. Also add in a broad immunity to legal action for a number of criminal acts.

      In terms of power to cause harm, Google and the government are nowhere near equivalent.

    2. Re:In for a penny, in for a pound by HiThere · · Score: 3, Interesting

      The problem is that, bad as Google sometimes is, the government has many instances of being a lot worse. Google doesn't kill innocent people. Google doesn't lock innocent people up. Etc.

      In a way it's like the difference between civil and criminal law. Criminal law rightly has a lot higher requirements and standards of proof.

      Now I say this as someone who attempts to keep from being tracked by Google. I don't like them accumulating information about me, or other people. But they will only result in more spam.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:In for a penny, in for a pound by Anonymous Coward · · Score: 0

      Seems to me that if you're upset at the government trying to get that info, you should also be upset that Google has been recording it.

      The government has by definition the monopoly of violence. I prefer my data remains with the guys without guns, enhanced interrogation, secret prisons, etc...

    4. Re:In for a penny, in for a pound by Anonymous Coward · · Score: 0

      Is it really that bad for the government to get all that information on everyone who traversed those areas at those times, when Google already has it?

      Yes

      Sarcastically but also not, I never signed terms allowing the government access to my location history.

      The root issue is the government should not have anything that isnt public knowledge, or legally compelled to be provided. Location history, email, and even which Kardashian I am based on that facebook survey is personal data that no one but me and whoever I agree to share that data with should have.

    5. Re: In for a penny, in for a pound by Anonymous Coward · · Score: 0

      Found the Libertarian... corporate power these days is as bad as government power in many respects. The ability to cut off one's ability to engage in commerce being a good example, as is collision to remove people's presence from the Internet. Not to mention law enforcement often acting at the behest of and in the interest of large corporations over citizens.

  31. Re:Perfectly fine request by ryanmetcalf · · Score: 1

    They already ask for papers at random >:(
    https://www.vox.com/policy-and...

  32. Legitimate question: by Gravis+Zero · · Score: 3, Interesting

    How do they know even know the robber has a smartphone? If they can't even prove that then they should be flat out denied before even broaching the issue of obtaining google location data.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:Legitimate question: by Headw1nd · · Score: 1

      This is a very good point. There was no reason to target Google/Android users, pretty much the dead giveaway of a complete fishing expedition.

    2. Re:Legitimate question: by PPH · · Score: 2

      Perhaps it's an iPhone. Using Apple Maps.

      Some poor guy in Wichita is getting his door kicked in.

      --
      Have gnu, will travel.
    3. Re:Legitimate question: by Anonymous Coward · · Score: 1

      They honestly don't care. Hell they may not even be investigating the robbery at all.

      What they do care about is setting precedents where whatever violation of law, rights, constitution and ethics are deemed okay for anyone wearing a badge.

  33. "...caught up in invasive government surveillance" by Megol · · Score: 1

    So how many people here don't understand the difference between government activities and activities of private companies? And for those (hopefully very few) that really don't understand this - why do you think these are in the linked article:

    "... FBI’s remarkable attempt to force Google ..."
    "The court warrants ..."

  34. FBI.. by Anonymous Coward · · Score: 0

    They need to be reigned in. It starts with revoking thsecurity privileges of people like Brennan and Mueller if needs be. Mueller fights for the swamp. Simple as. If you people really believe this is the work of Trumpnyou are insane. Twitter is transparent. Hillary started up all that fake news bs. Fake news is highly subjective because news is highly subjective. And that goes for Holier than thou Bernie too. If he entertains the notion of "Fake News", then he too is the enemy of the people.

    A government big enough to give you everything you want, is a government big enough to take away everything that you have." -- Thomas Jefferson

    1. Re: FBI.. by Anonymous Coward · · Score: 0

      Can you spell, autocorrect canâ(TM)t mess up that bad.

  35. FBI? by Rick+Zeman · · Score: 2

    Since when is armed robbery (not of a bank, or a Federal institution) under their jurisdiction? That's a state crime, not Federal.

    1. Re:FBI? by PPH · · Score: 2

      Federal law enforcement operates under fewer privacy restrictions than state and local. So local LE calls the FBI in for 'assistance' and the the FBI makes requests that the locals might not be able to due to state laws.

      --
      Have gnu, will travel.
  36. Re:Perfectly fine request by Anonymous Coward · · Score: 0

    There is no evidence of this at your link, just a lot of hyperbole.

  37. Re:Perfectly fine request by HiThere · · Score: 2

    Sorry, but I've got to disagree. One being a problem doesn't make the other less of a problem, but rather more of a problem.

    I don't like intrusive trackers, and avoid them to the extent possible. But their existence makes overreaching warrants worse.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  38. Why not by Anonymous Coward · · Score: 0

    Just get meta data from the cell providers in the area?

    Sent from my potatophone.

  39. Re:Perfectly fine request by Anonymous Coward · · Score: 1

    > Seriously I think it's legitimate and you privacy asshats can go f*** yourselves...

    I think the FIB was not especially interested in this robber. They were more interested in setting the precedent of making such a large grab of location data. One more step towards a police state. Little by little the water boils.

    Nobody will need to ask "your papers please!". They'll already know who you are, they'll just need to tell you to strip for the search at each road checkpoint.

    First they came for the robbers, and I didn't say anything, because I wasn't a robber...

  40. Aha, so make it one person!! by SuperKendall · · Score: 1

    I don't think you should be able to request information about a large number of people

    Here's an interesting idea: A company can only respond to requests for information that searches large numbers of people, when you give them enough limiting factors that at most one or two people are returned in the results.

    As someone else said, there's no way that more than one person was at all nine of these locations around the times of the robberies - heck even from cell tower triangulation alone that would probably boil down to one person.

    It seems pretty reasonable to me that if law enforcement has enough concrete details around locations and times of a crime that they can ask for searches of bulk metadata - again revealing only the very probable name of the suspect, who they can then investigate further.

    You could build a great story around this where someone framed a person by stealing their phone as they slept, committing crimes, then putting the phone back along with planting evidence before the victim even woke up...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  41. The only reason Google didn't give it up... by Anonymous Coward · · Score: 0

    is because they didn't have it! Google isn't as all knowing as they'd like you and investors to believe.

  42. No purpose, no consent, no warrant, no probl caus by raymorris · · Score: 1

    The government has no compelling interest to get everybody who drove through the neighborhood 30 minutes after the crime. Only people who were actually very near the crime scene at the time it happened.

    People who happened to go through the area have not consented to having the government examine their location history and there is no probable cause for the government to do so.

    An unrelated issue is how well informed they may be with their "informed consent" about what information Google keeps. That ends up in whataboutism, a fallacy. Anyway, Google doesn't send guys with guns to raid my house at 2AM when they screw up, the FBI does that. Google just shows me the wrong ads when they get it wrong. So I may reasonably consent to different things re Google vs the FBI.

  43. So Free! Very America!! by Anonymous Coward · · Score: 0

    Good thing y'all got all those guns or your MASTERS might start treating you like the SLAVES you are. BIGLY.

  44. Re: And this is where "what do you have to hide" d by Anonymous Coward · · Score: 1

    Now IMAGINE you are not white and that is a regular occurance...

  45. The 4th Amendment is worth less than small claims by Anonymous Coward · · Score: 0

    Please fire this agent, what a disgrace.

    The combined total of all of the cited crimes in that document if totaled up are less than the loss amount threshold required to do more than 'small claims'?

    And for this you want access to Google's databases?

    Please fuck off and never return.

  46. Time to start... by Anonymous Coward · · Score: 0

    Creating fake location data.

    Nathan

  47. Your SIG Re:Perfectly fine request by Anonymous Coward · · Score: 0
    Your SIG > "I think we've pushed this "anyone can grow up to be president" thing too far."

    Unfortunately we don't require the president to grow up first.

  48. Re:Perfectly fine request by zlives · · Score: 1

    i am not saying govt overreach or authoritarianism is not an issue here, i just want to paint the problem to include the tools and companies that are colluding with the govt. for their profit motive

  49. Re: Perfectly fine request by rogoshen1 · · Score: 4, Insightful

    police should do their job within the confines of the constitution. Fishing expeditions are not part of that, regardless of how expedient they might be.

    Surveillance technology and an entitlement complex from law enforcement is never a good combination.

    Rules exist to keep the police honest.

  50. Read TFS by Anonymous Coward · · Score: 0

    Read TFS, jackass. The government did not ask for that data. They asked for a much, much smaller dataset. They asked for people who had been in more than 2 areas at the respective times of the crimes. That's a much smaller, and fairly relevant data set.

    1. Re:Read TFS by sjames · · Score: 1

      That's a LOT of people. Consider, you were "at" every single address you passed on the way to work as far as location data goes but you probably have never set foot in any of those places except perhaps a gas station.

      If a few of those places got robbed, you were "AT" multiple locations that got robbed. Case closed, see you in 5 to 10.

  51. Sesame Street for you by raymorris · · Score: 1

    Let the difference between two and three, jackass.
    My daughter was two years old when she knew the difference.

  52. Re:Perfectly fine request by DickBreath · · Score: 2

    Why ask for your papers at random when they could just grope everybody?

    --

    I'll see your senator, and I'll raise you two judges.
  53. Re:Perfectly fine request by Anonymous Coward · · Score: 0

    yes there is, you just have to read whole story and follow all links/references in it, FIRST sentence has reference to book "Three Felonies a Day" written by lawyer with a law degree (i assume those are hard to get in USA since i am from Europe) with a lot of evidence in it, you can get copy either on Piratebay or if you prefer to stay on legal side on Amazon for $12

    PS i am not saying its much different in Europe, i linked USA specific article because story is about USA law enforcement

  54. calling it unprecedented by Anonymous Coward · · Score: 0

    Is the biggest lie. FBI and moles who work for FBI/other countries do this shit routinely. Stop believing FBIdot.

  55. Fairs Fair by Anonymous Coward · · Score: 0

    I think everyone at the FBI should be required to register on a public 24/7 location and communication tracking service.

  56. Re:And this is where "what do you have to hide" di by Anonymous Coward · · Score: 1

    Easily handled in the states, without a lawyer. Hand this printed statement to the cops and stick to it:

    Letter to the Authorities (Upon the advise of legal counsel)

    I, your name, being a law abiding citizen, having never knowingly participated in any unlawful activities, therefore refuse to be interrogated or otherwise answer any questions asked by the police and/or a prosecutor.

    If I am arrested or detained by the police for any reason, I do hereby through this written statement exercising my right to remain silent. If I am arrested or detained at a police station, I wish to see and be provided with a lawyer as soon as possible. If questioned by a prosecutor, I will invoke my 5th amendment right after each question.

    I am familiar with the vicious Reid Interrogation Method, a system so brutal that Great Britain has outlawed its use, its use being the cause of many innocent people falsely confessing to crimes that they did not commit. I therefore refuse to cooperate with a request to come to any police agency or a police station, recognize that the purpose of such a request is to isolate a person in order to viciously attacking them for hours with accusations and threats. Having observed for many year that the authorities are habitual and incessant liars and deceivers, I therefore, will not trust them.

    I have read the book The Lie Behind the Lie Detector found at antipolygraph.org, as well as read the Charlatanry in forensic speech science by Anders Eriksson and Francisco Lacerda, and thereby know that lie detectors and forensic speech science are junk science and a complete fraud. Therefore, I refuse to submit to a request to be examined by either. I also have read the article by the 'Oklahoma Department of Mental Health and Substance Abuse Services' entitled Oklahoma Study Finds Voice Stress Analysis âoeTestingâ No Better Than Random Chance, and therefore refuse to submit to a Voice Stress Analysis request. I likewise refuse to take a 'Guilt Detection Test' and/or any other test requested by the authorities.

    I, being educated in the history of Nazi Germany and the Soviet Union, being concerned about the flagrant desires of today's U. S. government to create dossiers on every citizen, prejudging all citizens as being potential criminals, refuse to cooperate with any request from the authorities.

    I recognize and know the fact that all police, prosecutors, and government employees will attempt to elicit statements from people through deceptive lies, and therefore the authorities can never be trusted to be telling the truth.

    I recognize that any and all questions asked by the authorities are for the purpose of trapping people in their words. I recognize that the authorities purposely ask the same or similar question multiple times, endangering the innocent of innocently forgetting a fact, misspeaking concerning a fact, or remembering a fact more clearly at a later time, and as a result, honestly answering a question truthfully, the authorities then using such innocent discrepancies to charge that innocent person with the crime (process crime) of lying to the authorities (Scooter Libby, Martha Stewart). I also understand that if someone tells the truth to a federal agent and they can find someone to contradict any part of that truth, that the truthful person can be charged with lying to a federal agent.

    I, knowing that law enforcement usually demand a written and signed statement, will not make a written or sign a statements of any kind.

    With the exception of a roadside breathalyzer test, you do not have my consent to take my picture, take my fingerprints, take my DNA, take a blood sample, take a urine sample, or any other forensic material for testing.

    Signed:

    your signature

  57. Re: Perfectly fine request by Anonymous Coward · · Score: 0

    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.

  58. Obviously. by Anonymous Coward · · Score: 0

    What did people THINK was going to happen eventually?

    It's not over. This is going to have to get worse before it can get better

  59. Fake news by Anonymous Coward · · Score: 0

    The FBI doesn't protect, they traffic. That's why Trump is going to exterminate the agency and others like it. Nice misdirection though.

  60. Re:And this is where "what do you have to hide" di by Anonymous Coward · · Score: 0

    And now I'm spending money on lawyers just for being in the wrong area.

    Why the fuck would you get lawyers when you know you're innocent? Just answer their questions and leave. Nice strawman btw.

  61. You keep using that word.... by BoogieChile · · Score: 1

    "Unprecedented" means "nobody saw this coming".

    Hands up, anybody, really, anyone at all, who didn't see this coming?

  62. Re:Sure by Anonymous Coward · · Score: 0

    Beep Beep

  63. Spoiler - they gave up. by ebvwfbw · · Score: 1

    They gave up on Google. I think Google deserves a pat on the back for standing up to them.

    HOWEVER if the FBI knew what they were doing they'd realize that data isn't necessary.

  64. Re: Perfectly fine request by Anonymous Coward · · Score: 0

    New "Perfect crime". Follow someone with an android phone who looks a bit like you and commit several armed robberies. Do not carry a phone whilst doing this. Feds get one match of someone who was at place and time of all the robberies who matches witnesses descriptions. Easy conviction and case closed.

  65. You haven't polled enough sheep. by Anonymous Coward · · Score: 0

    They are all choosing safety over liberty, half because they have nothing to hide, and the other half because they think other people should be punished because they will never get caught.