October 3, 2005
Cell Phones Used to Track Users Without Probable Cause
From the Foundation's press release: EFF is arguing that a New York federal court should stand by its decision to require probable cause to believe a crime has been or is about to be committed before letting the government secretly track people using their cell phones.
"This is the first case considering when the government can track the movements of your cell phone, and the answer couldn't be more important," said EFF Staff Attorney Kevin Bankston. "Allowing the government to turn anyone's cell phone into a tracking device without probable cause will enable a surveillance society that would make Big Brother jealous."
EFF argues that the Fourth Amendment requires a search warrant for such invasive surveillance, issued under the same strict standards as warrants that authorize phone and Internet wiretaps.
EFF's brief marks the first time the DOJ has had to face lawyers presenting an opposing argument on this issue.
- Joe Hodnicki
October 3, 2005 | Permalink
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