DOJ Official Says Requiring a Warrant to Track Cellphones Would ‘Cripple’ Criminal Investigations
- Posted on May 9, 2012 at 10:55am by
Liz Klimas
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Data from cellphones connecting to cell towers is collected by carriers and can currently be provided to law enforcement without a warrant, giving them an idea where the phone was traveling at a given time. (Photo: Shutterstock)
With the Supreme Court deciding earlier this year that it was unconstitutional for law enforcement to place a GPS tracking device on a vehicle without a warrant, location tracking of cellphones without permission has since been called into question.
(Related: Supreme Court rules GPS tracking requires a warrant)
At the State of the Mobile Net conference for the Congressional Internet Caucus Advisory Committee last week, a deputy assistant attorney general for the Justice Department and privacy advocates discussed just how the government and authorities should be able to use mobile phone data. The discussion hoped to address “whether the government needs a warrant to obtain our location from cell phone records and other location devices that we already have in our pockets and in our cars.” Several federal circuit courts have heard cases on this topic already and have been split in their decisions.
(Related: Is warrantless tracking of cell tower data unconstitutional?)
The discussion panel was between Deputy Assistant Attorney General Jason Weinstein and Greg Nojeim with the Center for Democracy & Technology. In the talk, Weinstein advocated for even freer access to mobile phone data for authorities, stating that requiring a warrant for this data would “cripple” criminal investigations.
PC World reports Nojeim pointing out in the GPS tracking case of United States v. Jones not one of the Supreme Court justices voted in favor of its constitutionality. He said that the whole reason this discussion was currently taking place was because “criminals are not taking over the country.”
Still, PC World points out as of right now many cell phone carriers are more than happy to pony up your information:
[...] selling cell phone surveillance records is a big money-making business for mobile phone companies that have special divisions and manuals to assist law enforcement in nabbing our info. The wireless industry is not transparency-friendly and mobile carrier companies do not want to report the number of times location info is disclosed, contested, or the number of users whose location data was handed over to Johnny Law. In fact, according to the Wireless Association (CTIA), a wireless trade association that includes AT&T, Verizon and Sprint, the proposed reporting requirements ”unduly burden wireless providers and their employees, who are working day and night to assist law enforcement to ensure the public’s safety and to save lives.“ The EFF bluntly pointed out that the wireless industry is ”working day and night” to sell you out in secret.
Earlier this month, the New York Times reported Rep. Edward Markey (D-Mass.), the co-chairman of the Congressional Bipartisan Privacy Caucus, wrote a letter to eight wireless carriers expressing his concern over providing location data to law enforcement and asked that they provide details on this practice to the public:
In his letter, Mr. Markey sought data from the cellphone carriers on the number of requests for help they have received from law enforcement officials in cell tracking and surveillance operations, their policies on whether they require the authorities to secure court warrants, the use of cellphone surveillance in nonemergencies, the fees they charge the police and other information.
Verizon and AT&T are reported as saying they had received the congressman’s letter and would be responding to his request.
PC World goes on to also note the Electronic Frontier Foundation, a group also advocating against warrantless tracking of cellphone location, interpreted Weinstein’s words as considering ”any privacy protection [...] too much privacy protection for cell phone tracking”:
Requiring the police to obtain a search warrant — the traditional method for balancing law enforcement needs with individual privacy — and demanding the wireless industry be transparent about how they deal with law enforcement requests for location information are critical steps in the right direction, towards “fairness” and “justice,” location privacy and transparency.
Here‘s the full discussion from the conference if you’re interested in listening to the whole thing, which is about 30 minutes:
Front page image via Shutterstock.com.
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Comments (55)
Individualism
Posted on May 9, 2012 at 1:36pmget a damn warrant otherwise citizens should be able to spy on their goverment and use viruses against them for self defense for stand your ground laws.
Report Post »recoveringneocon
Posted on May 9, 2012 at 2:10pmWith Republicans Heroes like Allen West, Bachmann, Marco Rubio,Rep. Mike Rogers, Eric Cantor and Paul Ryan passing bills for the Obama to sigh into law like
Federal Aviation Administration Act
National Defense Authorization Act
Patriot Act
The President and the DOJ no longer need Search Warrants.
Report Post »ICEDRAGONNITE
Posted on May 9, 2012 at 2:13pmGet out of our lives. You are not my mother!
Report Post »WakingSheep
Posted on May 9, 2012 at 2:41pm@recoveringneocon
Report Post »Well I know Romney supports NDAA. How about the others?
WakingSheep
Posted on May 9, 2012 at 2:51pm@ICEDRAGONNITE
Report Post »It’s worse than mother! It’s hateful/bully big brother!
recoveringneocon
Posted on May 9, 2012 at 9:19pmWakingSheep
Report Post »They supported so much they voted for it.
http://votesmart.org/bill/votes/37467
enderwiggen
Posted on May 9, 2012 at 1:25pmI don’t understand the question. Holder and his boss operate outside their constitutional authority all the time, why should they worry about it now? Who are we going to call to rein them in, the Justice Department?
Report Post »Bruce P.
Posted on May 9, 2012 at 12:58pmIf law-enforcement has reasonable cause to track someone’s cellphone, then they should have evidence to convince a judge to grant them a warrant. Thus, it would not cripple investigations in the least.
Report Post »woodyb
Posted on May 9, 2012 at 4:13pmBut they don’t want to be inconvenienced by a lot of rules about what they can, and can’t, do!!!!!!!!!!!
Report Post »Stoic one
Posted on May 9, 2012 at 7:11pmWOODYB
Report Post »but the gov’t is more than happy to shackle we the people with rules, regulations, & laws to hiner our every mo ve.
Stoic one
Posted on May 9, 2012 at 7:22pmhiner= hinder
Report Post »DarthMims
Posted on May 9, 2012 at 12:52pmIt is funny to see that the same people screaming about the government invading people’s privacy now were the same ones supporting the Patriot Act that did the exact same thing. “People who would give up some of their liberty for temporary safety deserve neither liberty nor safety.”-B. Franklin
Report Post »Make the government get warrants for anything they want access to so there is a paper trail.
Seagal45
Posted on May 9, 2012 at 12:25pmGet a warrant if you suspect criminal activity, innocent until PROVEN guilty dummies. It’s called following the Constitution! Am so sick of these idiots thinking they can just trample over a person’s right to privacy; this started a long time ago and just getting worse.
Report Post »MAMMY_NUNN
Posted on May 9, 2012 at 12:34pmAs any good terrorist will tell you cellphone and computer messaging is not safe thats why they don’t use it only “IDIOTS” at DHS would beleive they would.
Report Post »Bill Rowland
Posted on May 9, 2012 at 12:42pmEpic Holdup does not believe in the protexction provided under the Bill or Rights. He, Fat Janet an Sweet Old Barack believe that the Bill of Rights only gets in the way of them decidingwhos guiulty and who should be given immunity. If you are white you have no rights, if you are black you ar automatically innocent because whitey made you do it. Whitey is responsible for slavery, they went to Africa and captured to black and sold them. Oh wait, that was other blacks and they are still fighting and making other blacks slaves to this day.
OMG 2012
Report Post »Maxim Crux
Posted on May 9, 2012 at 12:19pmThat pesky constitution…always gets in the way of imprisoning anyone they want
Report Post »WakingSheep
Posted on May 9, 2012 at 3:06pmToo bad we only have a couple who actually govern by their oath to the Constitution.
Report Post »One of which is running for president.
And I’m not talking about Obamney, I mean Rombama, I mean ROMNEY! It isn’t ROMNEY! :)
FromSeaToSea
Posted on May 9, 2012 at 12:17pmWithin the covers of the Bible are all the answers for all the problems men face.” Ronald Reagan
If we ever forget that we are One Nation Under God, then we will be a nation gone under.
Ronald Reagan
Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.
Ronald Reagan
We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution. Abraham Lincoln
Report Post »FromSeaToSea
Posted on May 9, 2012 at 12:09pmWhy are our rights to privacy, Constitutional rights, challenged by gov. wanting intrusive tolerance of law? Preserving Constitutional liberty is of highest importance and all else less important.
Report Post »WakingSheep
Posted on May 9, 2012 at 3:09pmNO! getting the boogeyman in the middle east is most important! I know I look over my back everyday wondering when he is going to get me! I’m just thankful I have such a thoughtful government to watch my back, my sides, my head, my feet, my dog, my cellphone, my car, my house, etc….
Report Post »Thanks for having my everything big government! Save me from the boogeyman no matter what!
Dismayed Veteran
Posted on May 9, 2012 at 12:05pmThat pesky Constitution always seems to get in the way. Maybe Obama can sign an Executive Order that seems to be the favorite tactic to sidestep the Constitution.
Report Post »G-WHIZ
Posted on May 9, 2012 at 12:34pmObastard has signed over 5000executive-orders…one of them is gonna be just rite for you.
Report Post »HorseCrazy
Posted on May 9, 2012 at 11:59ambecause we are all criminals right with no rights in the mind of obama and the doj
Report Post »caleejr
Posted on May 9, 2012 at 11:57amwho cares if it ‘cripples’ – the law is the law – and the freedoms and protections afforded the citizens of this nation in the Constitution should not be ignored regardless what you “feel” will be a result of requiring warrants for tracking …your ‘feelings’ are not as important as our FREEDOMS
Report Post »Mandors
Posted on May 9, 2012 at 11:56amStep one: do not believe anything the DOJ tells you. DOJ does not care about you or your rights.
It takes all of five minutes to get a warrant, and judges and magistrates are typically reasonable in granting them.
As long as DOJ or other law enforcement is actively seeking a warrant in a particular case and eventually does obtains a warrant, I’m sure that courts will carve out an “emergency” tracking time exception that is reasonable in duration where law enforcement can in “emergency” situations track a suspect as they are simultaneously seeking out a warrant. Thus, protecting our rights while not quashing legitimate investigations.
That’s why the courts need to be involved in situations like this.
Report Post »Discovering the Founding Principles.com
Posted on May 9, 2012 at 11:50am“Requiring a Warrant to Track Cellphones Would ‘Cripple’ Criminal Investigations”
Waaaaahhhhhhhhhhh, too bad!
Nobody said following the Constitutionwas going to be easy for government to infringe on the rights of the people, in fact, it was KINDA THE POINT!
Report Post »IMCHRISTIAN
Posted on May 9, 2012 at 11:47amThe DOJ knows better then anyone how to cripple an investigation just ask Congress
Report Post »Mr. Oshawott
Posted on May 9, 2012 at 11:35amSure, the Fourth Amendment mandate to get a warrant to track cellphones may “cripple” criminal probes in the eyes of most police officers, detectives, prosecutors, and Department of Justice officials, but I would much prefer being able to enjoy the assurance of having my person, papers, and personal effects (INCLUDING cellphones) secure from unjust and unwarranted searches and seizures over living under the fear of police departments conducting hasty and potentially sloppy probes through the use of unwarranted searches and seizures and using them as a reason to arrest a potentially innocent American.
Report Post »Jaycen
Posted on May 9, 2012 at 12:59pmSpot on.
Report Post »Vickie Dhaene
Posted on May 9, 2012 at 11:35amOne reason I don’t own a cell phone.
Report Post »HuskerDave
Posted on May 9, 2012 at 11:32amAww, getting a warrant would make it hard?
That’s the idea. It should be hard for the government to collect your personal information. They should have to prove to a judge that they have probably cause that a crime has been committed, and that you committed it, and that the evidence of that crime can be collected with the warrant.
Wait – that’s what the law actually says. It would be nice if the JUSTICE Department would actually follow it.
Report Post »BeingThere
Posted on May 9, 2012 at 11:31amYeah, it’s inconvenient for me to follow the law as well!! OMG the slime we have in our government, it’s enough to make an agnostic like me pray for help!!!!
Report Post »Mr Sanders
Posted on May 9, 2012 at 11:28amDOJ says…
“Darn, Dang, Darn, Darn Darn Dang!”
His shoulders back, brau taught, he takes a deep breath and says,
“This Constitution, the rule of law, proper legal proceedure, and miranda seems to keep getting in our way?!” Then with a smile, “I guess I’ll just go around all that.”
If you signed up for change…. hows it all ‘feeling’ right now?
Report Post »sawbuck
Posted on May 9, 2012 at 11:19amThose pesky warrants are so annoying.. Peoples Constitutional Rights are ALWAYS getting in the way of our Government.. And we can’t have any of that….Something has to CHANGE…!
Report Post »HKS
Posted on May 9, 2012 at 11:17amWell,why bother with trials and such, just soot the perp on sight, just to expedite the process ya know.
Report Post »Snowleopard {gallery of cat folks}
Posted on May 9, 2012 at 11:16amObama and DOJ will never abide by any order of the SCOTUS; they need to press the system until it collapses and the entire court/law enforcement/legal system is discredited at all levels; this is one more move on their part to make it happen.
Report Post »Silversmith
Posted on May 9, 2012 at 11:15amClearly our morality is not keeping apace with our technology. Unless we take another step in our spiritual understanding of ourselves and our world, great upheaval will be inevitable.
So let’s take it.
Silversmith
Report Post »silentwatcher
Posted on May 9, 2012 at 11:13amOh man!!! Don’t ya just hate that,,,,to track or investigate someone you have to follow the letter of the law, the constitution. It’s just so,,,inconvenient.
Report Post »RJJinGadsden
Posted on May 9, 2012 at 11:05amWith all of the screaming about the CIA warrantless capturing of cell phone calls between terrorists overseas to and from their supporters and fellow terrorists here in the US. Where are all of the libs on this obvious breach of the Constitution? Bush was being blamed for the false claim that intel gathered overseas violated the Constitution. Where is the blame for 0bama/ Will never happen with the clueless Dems and 0bama’s lap dog media.
Report Post »