Is Warrantless Tracking of Cell Tower Data Unconstitutional?
- Posted on April 2, 2012 at 10:14am by
Liz Klimas
- Print »
- Email »
(Image: Cellphonetowers.org)
Earlier this year, the Supreme Court ruled in a precedent-setting case that using a GPS tracking device on a vehicle without a warrant constituted a search and therefore violated the Fourth Amendment. Now, the same defendant is seeking to have a similar precedent set for warrantless tracking of cellphone data based on cell tower location.
(Related: FBI is having trouble finding those GPS trackers after SCOTUS ruling turns them off)
In January, the Supreme Court ruled unanimously in the United States v. Antoine Jones that use of a GPS device required a warrant, although the reasoning among the justices differed. At the time, the Blaze spoke with Greg Nojeim, director of the Center for Democracy and Technology’s project on freedom, security and technology, who said he believed this ruling opened the door for discussion on warrantless cellphone tracking as well — and it has. Wired reports on Friday in a pre-trail of a retrial for Jones, defense attorney Eduardo Balarezo said the government is seeking to use cellphone tracking as a replacement for what it can’t do now with GPS tracking. Balrezo said:
The government has produced material obtained through court orders for the relevant cellular telephone numbers. Upon information and belief, now that the illegally obtained GPS data cannot be used as evidence in this case, the government will seek to introduce cell site data in its place in an attempt to demonstrate Mr. Jones’ movements and whereabouts during relevant times. Mr. Jones submits that the government obtained the cell site data in violation of the Fourth Amendment to the United States Constitution and therefore it must be suppressed.
Cellphone triangulation to pinpoint a caller's location. (Image: IntoMobile.com)
Earlier this year, Vice President of Public Policy for the CDT Jim Dempsey explained how cellphone tower tracking worked, saying that cell companies collect information about every seven seconds from the cell tower you’re connecting to. This information therefore pins a location pretty close to where you are. It’s not as accurate as GPS tracking but relatively close. Dempsey also explained how cell towers could potentially become even more pervasive:
Imagine you had poor cell service in your house, Dempsey said providing an example. You could essentially get a tower put in your house; almost every floor of office buildings have their own cell tower now for good service. Now you have a precise location of inside your home, Dempsey said, where you and anyone who visits you and uses their cellphone can be picked up as data by the cell company, which doesn’t require a warrant for information.
Lower courts are divided on what cellphone data should be protected by the Constitution. A Texas District Court recently ruled warrantless search of cellphone records was unconstitutional:
“The records would show the date, time, called number, and location of the telephone when the call was made,” [U.S. District Court Judge Lynn N. Hughes of the Southern District of Texas] wrote in the decision, dated Nov. 11. “These data are constitutionally protected from this intrusion.”
But a separate appeals court ruled that a physical search of the cellphone — in this case to obtain phone numbers — was “so slight” of an invasion that it did not merit needing a warrant.
In the case of United States v. Jones, Wired points out that lower courts had initially approved warrantless GPS tracking of Jone’s vehicle, which the Supreme Court eventually ruled unconstitutional. The same holds true for cell tower information:
A lower court judge in the Jones case had authorized the five months of the cell-site data without probable cause, based on government assertions that the data was “relevant and material” to an investigation.
“Knowing the location of the trafficker when such telephone calls are made will assist law enforcement in discovering the location of the premises in which the trafficker maintains his supply narcotics, paraphernalia used in narcotics trafficking such as cutting and packaging materials, and other evident of illegal narcotics trafficking, including records and financial information,” the government wrote in 2005, when requesting Jones’ cell-site data.
While we’ll be watching court decisions on the constitutionality of cell tower data collection without a warrant, a separate story has emerged recently that local police departments are using this technique to obtain information — many in non-emergency situations. This practice was once thought reserved for federal agents.
The New York Times has revealed hundreds of police departments use cellphone tower data to help track subjects and that cellphone companies may be benefiting from this practice of divulging the information as well:
The practice has become big business for cellphone companies, too, with a handful of carriers marketing a catalog of “surveillance fees” to police departments to determine a suspect’s location, trace phone calls and texts or provide other services. Some departments log dozens of traces a month for both emergencies and routine investigations.
With cellphones ubiquitous, the police call phone tracing a valuable weapon in emergencies like child abductions and suicide calls and investigations in drug cases and murders. One police training manual describes cellphones as “the virtual biographer of our daily activities,” providing a hunting ground for learning contacts and travels.
(Related: Texas city to buy $180K cellphone tacker to help ‘combat criminal activity’)
Although many police departments find information obtained in this manner useful in criminal investigations, the Times reports, there are advocates against this warrantless tracking. The American Civil Liberties Union, for example, believes the law is not keeping up with advancing technology in protecting the rights of citizens:
“It’s become run of the mill,” said Catherine Crump, an A.C.L.U. lawyer who coordinated the group’s gathering of police records. “And the advances in technology are rapidly outpacing the state of the law.”
Check out the New York Times story for specific examples of local police departments using cellphone tracking technology here.
Popular Stories
Does Misstated Marathon Claim Prove Paul Ryan Is Dishonest? (POLL) 697 Comments
Paper Details Obama Admin’s Alleged Secret Note Sent to Iran: If Israel Attacks, We Won’t Get Involved 529 Comments
Roseanne Barr: Most Billionaires ‘Violent Pedophiles’ & ‘Heartless’ Cocaine Addicts 355 Comments
‘Made Up Religion’: TV Historian Enrages Muslims, Receives Threats After Producing UK Documentary Questioning Islam’s Beginnings 355 Comments
This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 347 Comments
Faith
- This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 347 Comments
Pakistani Muslim Cleric Accused of Framing Disabled Christian Girl in Koran-Burning Case Read More- ‘Made Up Religion’: TV Historian Enrages Muslims, Receives Threats After Producing UK Documentary Questioning Islam’s Beginnings 355 Comments
Meet the Controversial German Imam Accused of Brutally Beating His Wife & Pushing Sharia Law Read More
‘Self-Proclaimed Messiah’ & Unification Church Leader the Rev. Sun Myung Moon Has Died — Here’s His Life Story Read More
Business
- President Obama Issues Major ‘Green Energy’ Executive Order 270 Comments
- Germany’s Upcoming Court Ruling Will be Huge for the EU Read More
Ford Looks to Beat Toyota for Best-Selling Car in 2012 With This Model 148 Comments
Bernanke & QE3: Here’s What You Need to Know Read More- ‘Extortion’: Why Did the Labor Department ‘Drop the Hammer’ on Oregon Farmers? 302 Comments
Technology
- This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 347 Comments
‘TaserDrone’: Hackers Weaponize Quadcopter With Actual ‘Shocking’ Technology Read More
Ever Heard of the Wild ‘Burning Man’ Festival in the Middle of the Nev. Desert? Here’s Your Primer Read More
Stanford Develops Technology ‘Better Than Steroids’ for Athlete Recovery Read More
Have You Pretended to Know What ‘the Cloud’ Is? You’re Not Alone Read More
Submitting your tip... please wait!
Comments (44)
Sniper48
Posted on April 6, 2012 at 4:51amPolice will continue tracking US citizens, legal or not. They are the police. Who are you going to complain to, anyway… the police? Anyone complaining will be followed and harassed by the police. That is merely a fact of life. It is like the young male who is cited for speeding BEFORE he even gets into his car.
Report Post »Sniper48
Posted on April 4, 2012 at 6:35amIF you want the illusion of privacy, leave you cell phone at home and stay off of Facebook. Suppose you dropped your phone at the bank and that bank was later robbed, the cops could pin the robbery on you; but as long as you are a caucasian male, you are already guilty before you even leave home. Also, if your cell phone shows that you were at home when the bank is robbed, THAT isn’t admissible in court. If we had laws about false arrest and imprisonment, the cops might THINK before acting.
Report Post »fbanta
Posted on April 4, 2012 at 12:16am4th: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, SHALL NOT BE VIOLATED,…”(Emphasis added)
14th: “…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;…”
Therefore, there is no government entity in the US that has any authority to get this information without a properly sworn warrant. I sincerely hope that anyone who has obtained this information; and anyone that has given this information; without a properly sworn warrant is prosecuted to the fullest extent of the law.
The Constitution remains the contract that creates and defines the authorities of the government and it’s high time that Citizens demand compliance.
Report Post »foobear
Posted on April 3, 2012 at 6:17pmYes, it is unconstitutional. But most police departments do it anyway.
Report Post »smv803
Posted on April 3, 2012 at 9:54amWe all better pay some attention to this one. I also believe the jackal and friends in DC will also try to censor the internet; I‘m expecting that one day we’ll tune in to his face on the screen. But the biggest threat is the attempt to silence Rush Limbaugh and all other conservatives on the radio. There’s much more at risk come November than just the right to vote!
Report Post »comsense08
Posted on April 2, 2012 at 9:19pmIt sure was when Bush wanted to monitor INCOMING calls from overseas. But now???? Not so much. Oh, by the way, obama says “what constitution”, “should that mean anything to me”? Judging by his actions and policies, maybe not!
Report Post »reconmarine
Posted on April 2, 2012 at 6:44pmAccording to Obama…NOTHING is unconstitutional anymore.
Report Post »canadianproud
Posted on April 2, 2012 at 6:42pmhas anyone ever thought ,they could use this to round us all up,when the time comes?
Report Post »Mandors
Posted on April 2, 2012 at 2:24pmThis is an easy one: YES.
I think people have a reasonable expectation of privacy that the government isn’t going to use specialized equipment to track their every move. A case wouldn’t last ten minutes in Fed.court.
Report Post »ICEDRAGONNITE
Posted on April 2, 2012 at 5:34pmAnyone having to ask if is Constitutional for the Government to eavesdrop on someone else’s conversation with out their consent or warrant is just plane stupid. Bend over and kiss your rights goodbye.
Report Post »Melvin Spittle
Posted on April 2, 2012 at 1:29pmBlaze readers: What questions do you have regarding wireless technology? I will provide a qualified answer on technical related questions only, but my opinion regarding policy.
Report Post »Melvin Spittle
Posted on April 2, 2012 at 1:22pmI have been in the wireless business since 1977. As the technology has evolved, I have discussed with colleagues the implication of each significant leap in technology: With PCS GSM we tested the ability to track with consent, a selected engineer to determine the limits and accuracy of using the signal strength and timing delay from each sector to guess the location within a hundred meters and found that generally you could. With the mandate to support E911, they have deployed GPS systems at selected sites to bring that accuracy within a few meters.
Now with LTE (4g IP backhaul) data tracking of email, SMS text, web history, etc., wireless providers can develop a very personal profile of their customers, but are limited by federal law on exactly what data can marketed outside the company. Any data they collect is limited by privacy laws to data that supports what they need to know to maintain performance and capacity. On the other hand, sensitive data can be sold to local law enforcement as a service. Wireless provider legal teams review all warrants very carefully (local LE) On the other hand, federal LE’s have direct access to wireless provider systems through CALEA hardware and links. Most of the time wireless providers do not even know what agency is monitoring in their networks, only that there is an active connection, due to the Patriot Act and FISA.
I no longer am employed by any wireless providers, but I do provide network architecture consulting services.
Report Post »teamarcheson
Posted on April 2, 2012 at 1:27pmThe US Supreme Court Allows Police To Determine WHO is sleeping with WHOM in what bedroom or hotel.
By tracking two cell phones of people meeting in a hotel room or bedroom the police will know who is cheating on who. This information can then be used by the police to obtain what was illegal information using the threat of disclosure. The Government could never get Congress to pass a low allowing this but the 9 people on the US Supreme Court can do it and they are not accountable to anyone.
Report Post »Melvin Spittle
Posted on April 2, 2012 at 1:58pmInteresting. Is there a specific SCOTUS precedent where this was decided? I would be interested. Regarding your statement, this amounts to blackmail IMHO.
Report Post »steveh931
Posted on April 2, 2012 at 2:47pmTEAMARCHESON,
The Supreme court is accountable to uphold and defend the Constitution as you know. Any Justice can be impeached by the Senate for not upholding the Constitution, If the Senate is upholding and Defending the U.S. Constitution. This is why the average American citizen should not be allowed to vote for their Senator, they should be appointed by each States Legislature, after all, who knows the Senators and their values better than those who work with them on a daily basis. State Legislators are elected by the constituents of their district ever two years applying the checks and balances we need within our system of government. We as citizens, have let the elected destroy our system of government and need to restore the principles of our Republic.
Report Post »steveh931
Posted on April 2, 2012 at 1:12pmWhere I go, what I do, who goes with me, what I buy, where I buy it, how much I buy, who I talk to, why I talk to them, how long I talk to them, where I live, why I live there, and how long I’ve lived there, is nobodies business until I’m suspected of a crime or intent to commit a crime. If a governmental agency, any agency, considers me a suspect then they have the right to get a search warrant from the courts.
Report Post »whatthecrazy
Posted on April 2, 2012 at 12:55pmI think the easier question to answer would be What part of the constitution have they not trampled on?
Report Post »COFemale
Posted on April 2, 2012 at 12:03pmAnyone with the appropriate equipment can retrieve your cell phone data or conversations. It travels the public air waves. When you talk on a cell phone you use it with the understanding someone could be listening in. I had a short-wave radio that picked up a conversation between a doctor and his office. Luckily they did not talk about anything critical or that would be construed private patient data.
Here they are tracking which towers were used to trace your approximate location. If they are specifically targeting someone, then yes a warrant should be issued.
Report Post »ProbIemSoIver
Posted on April 2, 2012 at 11:58amPeople need to realize that our Representative Republic is gone.
The Banksters have seized control of our Country.
Our Problem is a Debt Money System controlled by the Federal Reserve Private Bank.
No more Federal than Bank of America (America’s first central bank was named the Bank of North America, Hmmm.)
Check this out people:
~~~~~~~~~~~~
Who Is Running America?
The Bankruptcy of America, the Corporate United States,
and the New World Order
Who is running America? Have you ever asked that question?
Under the doctrine of Parens Patriae, “Government As Parent”, as a result of the manipulated bankruptcy of the United States of America in 1930 (officially 1933), ALL the assets of the American people, their person, and of our country itself are held by the Depository Trust Corporation at 55 Water Street, NY, NY, secured by UCC Commercial Liens, which are then monetized as “debt money” by the Federal Reserve. It may interest you to know that under the umbrella of the Depository Trust Corporation lies the CEDE Corporation, the Federal Reserve Corporation, the American Bar Association, the legal arm of the banking interests, and the Internal Revenue Service, the system’s collection agency.
Now you know who is running America!
http://www.youtube.com/watch?v=IlCs7u1ihws
Report Post »whatthecrazy
Posted on April 2, 2012 at 11:44amI think the easier question to answer would be What part of our constitution have they not trampled on?
Report Post »Ruler4You
Posted on April 2, 2012 at 11:59amJust pull your battery out of your phone when you don’t need it. If you have an iPhone, too bad.
Report Post »republic2011
Posted on April 2, 2012 at 11:33amYES!!!! But the patriot act let’s them do whatever they want.
Report Post »Tickdog
Posted on April 2, 2012 at 11:20amyeah.. only if you have something to hide..
Report Post »USAMEDIC3008
Posted on April 2, 2012 at 11:37amI live in W.V.
Report Post »lucky if I can hit one tower
MrKnowItAll
Posted on April 2, 2012 at 10:57amWe all are fighting something we already LOST. Our Privacy. Slowly Taken. Nothing about you is Private. Street Lights with Camera’s, Camera’s Everywhere. Cell Phones are the Worst, BUT…If your phone in your home rings once and you don’t even answer it. This gives them a open line to hear everything in your entire home. Only way around this is to unplug main line for five minutes. I know for a Fact Edison works with our Law Enforcement. This is how they bug your entire home on the notion of electrical problems. Smart Meters will make this even easier.
Report Post »What will happen to all those people imprisoned using cell phone tracing and Tracking. Who cares. We have BIGGER Problems that already have happened. Anyone of us can be locked up for what they have on us already. You may think you are a Law Abiding Citizen. In FACT! About everything is a Crime on the Books somewhere and you most likely committed one.
Smokey_Bojangles
Posted on April 2, 2012 at 10:47amIs Warrantless Tracking of Cell Tower Data Unconstitutional? Yes.
Report Post »RJJinGadsden
Posted on April 2, 2012 at 10:58amOnly during a Republican Presidency.
Report Post »EqualJustice
Posted on April 2, 2012 at 10:46amA LITTLE off topic, but PLEASE make sure you watch SARAH PALIN tomorrow AM on the commie network bringing some TRUTH to their stage! The media is all about “audience” and turning this into some kind of “KAT” fight? GEE, I WONDER who they are rooting for? What the heck! This touched up photo make me so angry. http://www.nydailynews.com/entertainment/television/sarah-palin-today-show-square-katie-couric-good-morning-america-article-1.1054220 IDIOTS in NY. They made Katie look SO good and Sarah look awful! Just how OLD is that pic of Katie anyway? She looks like CRAP now and Sarah STILL looks great! GO SARAH and show these libs some Conservative smack down.
Report Post »COFemale
Posted on April 2, 2012 at 11:46amA little off topic – IT IS DOWNRIGHT RUDE! Who the hell do you think you are to come into this forum and post your topic? You are an ARROGANT____________. I am sick and tired of you guys thinking you own this site and post what you damn well please. If you want to send a story use the HAVE A TIP below and post it. It might get picked up and it may not.
Report Post »dixiedown
Posted on April 2, 2012 at 10:38ama precise location in my house? Phew. I thought they just knew my address. now i feel better.
Report Post »now if i can figure out how to properly post my meaningless ramblings without doubling up by hitting post several times, I’ll be farting through silk.
HorseCrazy
Posted on April 2, 2012 at 10:33amtha big friendly government just wants to help you and keep you safe. makes you feel warm and cozy right?
Report Post »TomFerrari
Posted on April 2, 2012 at 10:57amI was leading a software project for AllTel many years ago, when, 3/4 of the way through, the FCC issued a new policy that allowed for triangulation. Previously, they had required they be able to query which tower was being used by a phone. The new requirement allowed them to query which ANTENNA on the tower was being used. This allowed for triangulation. AllTel was limited by the design of the hardware, and it was thought impossible. Well, we basically had to go back and develop all new software from scratch, to force that functionality. Cost hundreds of thousands more to scrap the near-complete software, and start over so we could be spied upon by our own government.
We would all be throwing fits if foreign governments were spying on us. Shouldn’t we be more outraged that our OWN government is spying on us? The very government that is supposed to be PROTECTING our privacy and our God-given rights!!?!?
Report Post »skiz
Posted on April 2, 2012 at 10:32amOne thing that has intruded on our freedom is technology. We have to start making laws that put a stop to spying on US citizens. I thought in the beginnig of the Patriot Act, that W started due to 9/11, was keeping us safe. I have realized it only weakens our liberty and safety. Just because you can track everyone doesnt mean you should. Our Constitution does not allow it. We also, while were at it, need to get rid of other un-Constitutional laws such as seat belt laws, DUI laws (they can stop you at a road block and ask for you “papers”), helment laws, gun laws, etc…
Report Post »Our Declaration of Independence states that when the government no longer serves the people, we have the right to alter or abolish the government! I think it is time!!!
SIC SEMPER TYRANNIS!
USAMEDIC3008
Posted on April 2, 2012 at 11:44amPast time
Report Post »Reagan_Patriot
Posted on April 2, 2012 at 10:32amSolution: Don’t own a cell phone. It truly restores peace in your life!
Report Post »randy
Posted on April 2, 2012 at 10:51amGot rid of my cell phone 2 years ago. And I couldn’t be happier.
Report Post »And I went back to a 1960′s at&t black desk phone that if I’m on the phone, the caller hears a busy signal :) And if I am not home, They get to leave a message…. I do have little caller id box so I can ignore anyone I choose :)
tomloy
Posted on April 2, 2012 at 3:36pmNo arguments here. I don’t own a cell either. So just TRY and track me!
Report Post »