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What Aren’t the Feds Telling Us About Their Surveillance Techniques Since Warrantless GPS Tracking Struck Down — and Why

Jan. 17, 2013 10:22am

After a Supreme Court decision made early in 2012 ruled GPS tracking constituted a search under the Fourth Amendment, the Federal Bureau of Investigation had to turn off and tried to collect around 3,000 devices. But how is the agency conducting its business now without warrantless use of that technology, which FBI General Counsel Andrew Weissmann called last year a “sea change” for operations?

Based on two memos obtained by the American Civil Liberties Union through Freedom of Information Act requests, it’s clear that the Justice Department (the ACLU originally thought the memos were authored by the FBI) isn’t willing to say much. The ACLU called the heavily redacted memos it received “yet another example of secret surveillance policies.”

“The Justice Department’s unfortunate decision leaves Americans with no clear understanding of when we will be subjected to tracking—possibly for months at a time—or whether the government will first get a warrant,” ACLU Staff Attorney Catherine Crump wrote. “Privacy law needs to keep up with technology, but how can that happen if the government won’t even tell us what its policies are?”

The documents are called “Guidance Regarding the Application ofUnited States v. Jones to GPS Tracking Devices” and “Guidance Regarding the Application of United States v. Jones to Additional Investigative Techniques.” When they’re described as heavily redacted, it means that nothing aside from the text explaining the court decision in the first 57-page document and no body text at all in the second 54-page document is visible.

ACLU Receives Heavily Redacted Memos From Justice Department About the Feds Surveillance Methods

Screenshot of the beginning of the redacted memo from the Justice Department.

Wired reported the Justice Department defending the extent of redaction of the documents because the information is “privileged and confidential.”

The ACLU pointed out the importance of obtaining more information from the documents because 1) the Supreme Court’s decision, although it said GPS trackers on cars constituted a search, didn’t say explicitly that this search required a warrant from a judge and 2) the decision didn’t address tracking through use of other technology such as cell phones, drones or license plate readers.

“The Fourth Amendment protects Americans’ reasonable expectations of privacy by limiting the circumstances in which law enforcement agents may conduct searches—but today only the executive branch knows what it believes those limits to be,” Crump wrote on the ACLU’s website.

Crump continued stating that the ACLU would continue to fight for the information within the memos to be released.

“The purpose FOIA is to make sure the government doesn’t operate under secret law—and right now that’s exactly what these memos are,” she wrote.

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Related:

Featured image via Shutterstock.com.

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Comments (41)

  • Jamboree
    Posted on January 18, 2013 at 10:59pm

    Your cell phone, ipad, tablet knows where you are and can report location via the Internet, even if you think you have disabled location features. These devices can also be remotely activated to turn on microphone, camera, other sensors. Sudden drops in battery life are a red flag that someone is snooping or has remotely activated implanted software.

    Report this comment

    Jamboree  
  • @leftfighter
    Posted on January 18, 2013 at 4:34pm

    Pair this article with this one and what do you have?

    http://www.theblaze.com/stories/2013/01/18/terrorism-center-at-west-point-warns-against-danger-of-american-limited-government-activists-and-far-right/

    I can’t imagine how some folks can’t put these pieces together and see what’s happening right before them.

    Report this comment

    @leftfighter  
  • MGrilla
    Posted on January 17, 2013 at 9:38pm

    I wonder how much it cost (the tax payer’s) in ink to black out all of those pages. Why not just, not print it out and tell anybody that wants to know what their doing to go stuff them selves, and save us some money.

    Report this comment

    MGrilla  
    • @leftfighter
      Posted on January 18, 2013 at 11:51am

      So… your idea is, “Let’s tell anyone who wants to know what our government is doing to us to go stuff themselves so we can save a buck?”

      Really?

      I tend to see the ACLU as an opponent about ten times more often than I see them as an ally, but even I see how bad an idea yours is.

      Report this comment

      @leftfighter  
  • jammer19
    Posted on January 17, 2013 at 2:25pm

    After being in the automotive industry for thirty years and seeing all the “advancements” made in technology, you are nuts if you think your car cannot be tracked from any computer. It is sold to you as a way to “unlock” your car, or to get it back from a theif… If they can shut it down to stop a theif…. think about it. And if you think your car or truck is safe because you dont have “on-star”, think again, every main computer in all vehicles can be controlled.

    Anything on computer, cell phone, in your car ( hands free phones) , is not safe. BUT most americans are dumb enough to put everything on their facebook pages. Most people aren’t just sheep, they are even dumber.

    BAAAAAAHH !

    Report this comment

    jammer19  
  • Southernsoul
    Posted on January 17, 2013 at 1:51pm

    This is what happens when you give the government an ‘inch’. Any law they pass becomes a foot in the door. A day, a week, or a year later it becomes something far more intrusive. Just like the Seat belt Law. In its inception they couldn’t ticket you for not wearing a seat belt unless they pulled you over for something else. Now they look for you not to wear one and ticket you for other things they find. Public surveillance is another example. That quickly became Red light cameras. Soon enough it will be on every street – but just for your protection.

    Report this comment

    Southernsoul  
  • JEANNIEMAC
    Posted on January 17, 2013 at 12:28pm

    In the movie, “The Dark Knight”, there is a scene showing a flashing sign, “Aurora”. Aurora, Colorado is where James Holmes shot up the theater. Also in the movie, there is a shot of a map. In the lower left hand corner are the words, “Sandy Hook”.
    Were subliminal orders being given to Holmes and/or Lanza? The coincidence is very strange.

    Report this comment

    JEANNIEMAC  
    • TelepromoterNChief
      Posted on January 17, 2013 at 12:59pm

      It was the premier of the movie unless Jimmy Holmes had seen it before, that theory is null.

      Report this comment

      TelepromoterNChief  
    • jhrusky
      Posted on January 17, 2013 at 5:52pm

      Perhaps “they” were telling WE THE PEOPLE what was in store…

      Psychopaths love to toot their own horns.

      Report this comment

      jhrusky  
    • Ohello
      Posted on January 19, 2013 at 12:53am

      If Lanza was a pawn, then the appearance of those symbolic names could b e lead in the crime.

      Three criteria for a crime, Motivation, Capability to execute the crime, Opportunity to do the crime.
      What persons or organization has all three of these attributes?
      MOTIVATION: Who benefits the most from this event? The communist Agenda promulgated by Barack and his handlers. A final phase of the takeover of the USA is to relieve the American citizens of their guns. Such a crisis is very useful for demonizing and destroying people who daily use their 2nd Amendment rights.
      CAPABILITY: The killing of a few children is a small price for “An ends justifies the means” communists and their agenda. The current administration has already demonstrated the capability to cause the deaths of innocent people and federal agents to achieve civilian disarmament. The example is FAST & FURIOUS hundreds of Mexican citizens were killed in an effort to to advance their civilian disarmament agenda.
      OPPORTUNITY: The US military & civilian defense specialists certainly have the people, the equipment , drugs,& psych ops training to locate, manipulate, and trigger someone like Lanza to go nuts and do what he did. The Democrat operatives certainly have sufficient funds and perverse moral character to support such an operation.

      Report this comment

      Ohello  
  • Xiccarph
    Posted on January 17, 2013 at 11:41am

    Let’s face reality people, the Gov’t has the Power of Ultimate Force. They can do what they want, when they want and how they want. ‘What the people don’t know, won’t hurt them’, is their motto. After all, who’s going to “arrest” gov’t thugs ‘doing their duty’? Do you really think they care or that they will do anything to each other for breaking a rule, let alone the Constitution? There’s always a fall guy, but the system will just change how they do something until any concerns fade away, but they will continue to do whatever they want using any way available to them…and there are a multitude of ‘ways’ we will never know about.

    Report this comment

    Xiccarph  
    • omgfolks
      Posted on January 17, 2013 at 12:32pm

      This is true, the goverment will always seek out ways to manipulate the laws, this has been a proven fact since goverment has been in place. Citizens in this nation need to push for laws allowing GPS Blockers to counter these actions. In an age of modern tech, citizens need access to tech equipment to assist them in KEEPING THE RIGHT TO PRIVACY which is OWED US under the consitution. That is the sad reality of today.

      Report this comment

      omgfolks  
  • pahrumper
    Posted on January 17, 2013 at 11:40am

    It was bad enough when Bush did it but at least George was an American and we know his history but when this Obummer does it and we know nothing about him I don’t trust anything he says or does. I want every thing he does to be closely investigate by congress and by the way,,,,how is the Fast and Furious investigation doing? Sorry Loons, I am not with my head in the sand hoping all is well!

    Report this comment

    pahrumper  
  • chaos175
    Posted on January 17, 2013 at 11:33am

    I have an ugly question. Do you REALLY care? Would you even know if the government was watching your every move? How many americans went on through there day to day lives without even knowing they were being watched? How much has the government accomplished through secret observation in terms of thwarting terrorist attacks that, by the way you wont hear about because the means by which they accomplished said thwarting was done without the approval of the justice dept, and would expose the expert means the government use to gather such “usefull” information. Are there “bigger fish” to worry abou? Hmmmm…

    Report this comment

    chaos175  
    • makamae
      Posted on January 17, 2013 at 1:49pm

      Chaos – it may not matter today, when the laws are still somewhat reasonable, but what about tomorrow? If the Dems gain control of the House & Supreme Court, along with the Executive branch & the Senate, what laws might they be able to enact that make something YOU do suddenly illegal? What if they make a law that makes you an outlaw?

      Report this comment

      makamae  
    • toto
      Posted on January 17, 2013 at 5:18pm

      Find it more that interesting that the very demonized John Birch Society of yesteryear, predicted and feared and fought against the very things so common today.

      Report this comment

      toto  
    • Pat767
      Posted on March 19, 2013 at 11:53am

      Government-union-employees do not just follow criminals; they follow political-opponents; they follow people who have complained about a corrupt government action; they follow people they don’t like.

      Government-union-employees do not just follow you; they go to your employer and to each place of business you visit; and to your friends and acquaintances; and they slander and smear you.

      The government-employees-union is an unconstitutional, self-serving, criminal organization. The bandits of the government-employees-union are wifthout accountability; without morals; without ethics; and are lawless pathological liars.

      Report this comment

      Pat767  
  • h20sue
    Posted on January 17, 2013 at 11:19am

    Does anyone who is reading this, really believe “our government tells us the truth…. or what exactly happens in this country?” Are you living on Mars? They tell us what they want us to know, and that’s it. It’s been the same for century’s. Do you really think Obama cares about American’s and their struggles? Dream on. If he did, he’d start budgeting and stop sending money over seas. We’ve been telling you he wants to see American’s fail,as he wants us dependent on the goverment, so he can rule our lives. When are people going to wake up? His plan is working and people are too dumb to realize what is going on. Look how many states have more on welfare then employed. It’s worse by the day. Eleven states are dependent on government resources. Wake up America, and you’re looking at four more years of he!!….

    Report this comment

    h20sue  
    • blanco5
      Posted on January 17, 2013 at 11:29am

      Four more years is optimistic!

      Report this comment

      blanco5  
    • jcldwl
      Posted on January 17, 2013 at 12:14pm

      Yeah you can forget the 4 more years friend. This last election was a fake. We don’t elect anyone anymore. We just go vote but the results are now controlled by the powers that be. If you think otherwise then good luck in the future. I am awake. Watch Batman The Dark Knight Rises, pause it at 1:58:35 seconds look at the writing on the left side of the map. It looks eerily familiar. I am not 100% convinced of what it says but when I saw it my heart dropped into my stomach. In fact that entire 3 to 4 second shot looks like a coded communication as it has no purpose in the scene at all. Items are strategically placed and there are two hand motions that I believe completes the communication. I would advise people to check it out for themselves. I hope I am wrong but man the times we are in and an administration deeply ingrained with the mantra of “The ends justifies the means.” Leaves we suspicious of just about everything they do our use to further their agenda. They are in constant crisis mode. It is all we hear anymore and that cannot be denied.

      Report this comment

      jcldwl  
  • common cents
    Posted on January 17, 2013 at 11:16am

    The Government doesn’t abide by our laws (the Constitution)
    Why would they expect us to obey their so called laws ?

    Report this comment

    common cents  
    • blanco5
      Posted on January 17, 2013 at 11:29am

      Because they still have more fire power and bullets than we do!

      Report this comment

      blanco5  
  • justangry
    Posted on January 17, 2013 at 11:10am

    The people I have voted for didn’t support this stuff. Just saying…

    Report this comment

    justangry  
  • Chuck7884
    Posted on January 17, 2013 at 10:57am

    They do not need a warrant for gps tracking they use one of the services like On-star. if it is a older model that they have to affix a tracking device then they need a warrant to do so.

    Report this comment

    Chuck7884  
  • WillG
    Posted on January 17, 2013 at 10:49am

    Our Freedoms and Liberties have been under siege for Damn near a Generation. Rung by rung,brick by brick,chip by chip the supposed “Government for the People by the People”have been working feverishly to diminish our once Great Nation. Those of us that are prepared be ready.

    Report this comment

    WillG  
  • The_Woofster
    Posted on January 17, 2013 at 10:45am

    Because zee new Brownshirts don’t need to tell zee citicenz anything, Ya?!

    Report this comment

    The_Woofster  
    • DougHuffman
      Posted on January 17, 2013 at 11:11am

      Please, Blueshirts. Brownshirts are so historically NAZI, and Blackshirts Fascisti. The modern Department of Homeland Severity trooper wears blue, a blueshirt or a blue beret.

      Report this comment

      DougHuffman  
    • The_Woofster
      Posted on January 17, 2013 at 12:15pm

      You sir, are correct! These ARE modern times!

      I stand corrected : Blue Shirts!

      Report this comment

      The_Woofster  
    • Mil-Dot
      Posted on January 17, 2013 at 3:04pm

      “Your papers please. Give them to me NOW!”

      Report this comment

      Mil-Dot  
  • DougHuffman
    Posted on January 17, 2013 at 10:40am

    The Electronic Privacy Information Center EPIC.org knows and has a fine track record in use of FOIA demands. Drones – http://epic.org/2013/01/epic-hosts-event-on-drones-and.html GPS Location privacy – https://epic.org/privacy/location_privacy/default.html

    Report this comment

    DougHuffman  
  • PIGSWILLNEVERFLY
    Posted on January 17, 2013 at 10:38am

    Welcome to the skinny zero’s second term of tyranny unplugged and unleashed. Was it Jarrett who vowed “punishment” to all their enemies?

    http://www.gulagbound.com/36895/obama-congress-ending-the-usa-to-establish-the-new-police-state-part-1/

    Report this comment

    PIGSWILLNEVERFLY  
  • Snowleopard {gallery of cat folks}
    Posted on January 17, 2013 at 10:38am

    Welcome to the growth of Big Brother and Big Sister.

    Report this comment

    Snowleopard {gallery of cat folks}  
  • IndyGuy
    Posted on January 17, 2013 at 10:31am

    There is now available to law enforcement and the Gov. drones the size of flies…Regular sized drones are already deployed throughout the U.S…..1984 Gov. style spying was just a few years off…

    Report this comment

    IndyGuy  
  • Red Meat
    Posted on January 17, 2013 at 10:28am

    Dear Liz,
    Some help.

    What Aren’t the Feds Telling Us About Their Surveillance Techniques Since Warrantless GPS Tracking [WAS] Ruled Unconstitutional — and Why

    You’re welcome.

    Report this comment

    Red Meat  
    • 13th Imam
      Posted on January 17, 2013 at 10:59am

      ?

      You’re Welcome

      Report this comment

      13th Imam  
    • taxpro4u03
      Posted on January 17, 2013 at 11:06am

      It appears the Spock 2nd Generation gets corn – fused believing grammar is a female elder of their Mom or Dad… maybe It’s a metaphor — (or a place to keep cows in) – tower of ‘Babel’ it is nationwide, nonetheless.

      Report this comment

      taxpro4u03  

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