Ride the Lightning

DIAL M FOR MISCHIEF: FEDS USING SECRET WARRANTS TO TRACK OUR LOCATION THROUGH OUR CELL PHONES

November 26, 2007

Hope everyone had a great Thanksgiving. My daughters talked me into doing a 5K run/walk for the homeless so my primary memory of the day is pain. (Note to self: the elliptical is in the bedroom precisely so you’ll use it every day)

I was up on my soapbox in the last post and had hoped to climb down, but then I saw an article in Friday’s Washington Post that made my blood boil again. So here I remain, appalled at the fact that the government is routinely getting secret warrants (many reportedly granted without probable cause) to track the locations of Americans through their cell phones. Once again, they are collecting electronic evidence in secret – and it is only through the diligence of the Fourth Estate that we learn what our own government is doing.

Currently, the government asserts that it is only tracking criminal suspects, but we all know how easily that statement is made and how easily these warrants could be used to track anyone who comes to the government’s attention for any reason whatever. According to the Post, the requests for the warrants and the orders themselves are sealed at the government’s request, so no one actually knows how extensive the practice is or whether the requests are genuinely without any probable cause assertions.

We all carry cell phones routinely – which now means that we all carry tracking devices. Whether Big Brother chooses to watch us or not is unknown to us. We, who have no choice but to trust in the judicial system to correct governmental misdeeds, are at a complete loss when judges fail to act. It is heartening that a few brave judges have denied these requests for warrants and one (Magisrate Judge Brian L. Owsley from Texas) has published a stinging opinion denying the government’s request.

It is my ardent hope that reporters and judges alike will continue to monitor these practices and that both will seek to combat further incursions on our liberties.

We would all do well to heed the words of Thomas Jefferson: Eternal vigilance is the price of liberty.

The Post article may be found at http://www.washingtonpost.com/wp-dyn/content/article/2007/11/22/AR2007112201444.html?sub=AR

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