Mobile Phones as Personal Tracking Devices

From What Your Cell Phone Could Be Telling the Government by Adam Cohen, TIME:

It is not hard to imagine that the government could also one day use cell-phone data to stifle dissent. Cell-phone records could tell them who attended an antigovernment rally. It could also tell them who is going into the opposition party's headquarters or into the home of someone they have questions about. Cell-phone data may be the most efficient way ever invented for a government to spy on its people — since people are planting the devices on themselves and even paying the monthly bills. The KGB never had anything like it.

And, indeed, the U.S. government already appears to be sweeping up a lot of data from completely innocent people. The ACLU recently told Congress of a case in which, while looking for data on a suspect, the FBI apparently used a dragnet approach and took data on another 180 people. The FBI has said that if it does happen to gather data on innocent people in the course of conducting an investigation, it keeps that information for as long as 20 years.

Last week, the Philadelphia-based U.S. Court of Appeals for the Third Circuit pushed back. A federal magistrate judge, in a good and strong decision, had ruled that the government must always get a warrant if it wants cell-phone data. The appeals court scaled that back a bit, ruling that magistrate judges have the power to require the government to get a warrant, depending on the facts of the particular case.

The fight over cell-phone tracking is similar to one now going on in the courts over GPS devices — specifically, whether the government needs a warrant to place a GPS device on someone's car. (The courts are sharply divided on the question.) Cell-phone tracking is of far bigger consequence, however, because there is a limit to how many GPS devices police are going to put on cars. Nine out of 10 of us have cell phones that will do the tracking for the government.

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