Mobile phones can be tracked says US judge

[china]

China National News Saturday 18th May, 2013

• Police officers can now track mobiles
• Judge gives permission for warrantless searches
• Says people should turn phones off
A federal judge in the US has given law agents permission to track people's mobile phones without a warrant.
New York judge Gary Brown has ruled that law enforcement agents can conduct cell phone surveillance against people who forget to turn their phones off.
In a written ruling, he said: "Given the ubiquity and celebrity of geo-location technologies, an individual has no legitimate expectation of privacy in the prospective of a cellular telephone where that individual has failed to protect his privacy by taking the simple expedient of powering it off."
The American Civil Liberties Union has derided Brown's decision, saying there is a big difference between knowingly sharing a location with a select group of friends and information collected without knowledge or consent.
Requests by law enforcement authorities for cell phone subscriber information has grown in the United States, with carriers now expected to give callers' locations, text messages and call logs.
Cell phone companies have claimed that more than 1.3 million requests were made by US law enforcement agencies.

 

[Liberalman]

I always turn off my phone for a longer battery life.

 

[Sal]

They have been tracking these for years. That's why when a kidnapper takes a child first thing they do if smart is turn the phone off. We just pray they are not that smart.

 

[JLM]

They have been tracking these for years. That's why when a kidnapper takes a child first thing they do if smart is turn the phone off. We just pray they are not that smart.

Is that the best a U.S. judge can do to make news? Even dumb old brain dead me has had that figured out for a week or two. -

 

[Sal]

Is that the best a U.S. judge can do to make news? Even dumb old brain dead me has had that figured out for a week or two. -

lol... they can track me all day if it jerks their chain, but I am not really all that interesting in my behavioral habits.

 

[JLM]

lol... they can track me all day if it jerks their chain, but I am not really all that interesting in my behavioral habits.

You and me both Sal. -

 

[IdRatherBeSkiing]

What is the big deal about getting a warrant? If the tracking is legit, it should be routine.

 

[DaSleeper]

You too can track mobile phones....
Trackapartner.com | Track a partner | Free phone tracking | No software needed

 

[Sal]

:love7:

You too can track mobile phones....
Trackapartner.com | Track a partner | Free phone tracking | No software needed

:blob6:

 

[JLM]

You too can track mobile phones....
Trackapartner.com | Track a partner | Free phone tracking | No software needed

Stalkers would love that!

 

[Sal]

Stalkers would love that!

you should try it... let's just say, I failed as a stalker...lol

 

[JLM]

you should try it... let's just say, I failed as a stalker...lol

Nah, maybe next week! -

 

[Sal]

Nah, maybe next week! -

you can just make up a number, results will be the same. :lol:

 

[Sons of Liberty]

I call bull****, if there was such a verdict it would have been all over the news. What's the docket number it was filed under? Who is the plaintiff and defendant? The article doesn't give specifics (not surprising).

 

[IdRatherBeSkiing]

I call bull****, if there was such a verdict it would have been all over the news. What's the docket number it was filed under? Who is the plaintiff and defendant? The article doesn't give specifics (not surprising).

Are you doubting Chinese State Run Media and it's accuracy and objectivity?

 

[Goober]

Here is a link

Cell Phones & Smartphones | American Civil Liberties Union

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:27am
A federal magistrate judge in New York recently ruled that cell phone location data deserves no protection under the Fourth Amendment and that accordingly, the government can engage in real-time location surveillance without a search warrant. In an opinion straight from the Twilight Zone, magistrate judge Gary Brown ruled two weeks ago that “cell phone users who fail to turn off their cell phones do not exhibit an expectation of privacy.”

The case in question involved a physician who the DEA believed had issued thousands of prescriptions for pain killers in exchange for cash. In March of this year, the DEA had obtained a warrant for his arrest, and,

 

[lone wolf]

So what? Facebook announces you for everyone to see

 

[L Gilbert]

Um, reasonable suspicion: "A standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. For example, a reasonable suspicion justifies a stop and frisk, but not a full search. A reasonable suspicion exists when a reasonable person under the circumstances, would, based upon specific and articulable facts, suspect that a crime has been committed. " - LII | LII / Legal Information Institute

probable cause: "The requirement, found in the Fourth Amendment to the Constitution, that must usually be met before police make an arrest, conduct a search or receive a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the crime is present in the place to be searched (for search)." - LII | LII / Legal Information Institute

and : "The amount and quality of information police must have before they can search or arrest without a warrant. Most of the time, police must present their probable cause to a judge or majistrate, whom they ask for a search or arrest warrant. Information is reliable if it shows that it's more likely than not that a crime has occurred and the evidence sought exists at the place named in the search warrant, or that the suspect named in the arrest warrant has committed a crime." - Probable Cause | Nolo's Free Dictionary of Law Terms and Legal Definitions

The way around it is to remove the chip and replace it with a stolen one.

 

[petros]

Who the hell has been flipping rocks?

You folk are just realizing now cell phones and officials can do this?

What makes me really laugh is the "OMG they're going to chips us all" crowd all willingly went out and bought the second best thing. A cell phone.

 

[gerryh]

sorry, just because I have a smart phone does not mean I give the government and/or law enforcement agencies or any other private or public organization permission to track my via that phone. The only company that can track me is my cellular provider. If I choose to "allow" a program or app to track my location does not mean I give carte blanche to any all.

The judge in this case, is out to lunch, especially when you take into consideration how important cell phones are to some when it comes to keeping in touch and communicating.


Oh yes, and just because a cell phone is not that important in your life, does not mean it isn't important in someone elses life. You and your life are not that important in and of itself.