10.28.2005

FBI Dealt Cell Phone Surveillance Blow

I'm waiting for them to tap our toilets. They could slip the devices into our Toilet Ducks; pretty blue water and lots of labored grunting (er.. not that I ever grunt).

From WaPo:

The FBI may not track the locations of cell phone users without showing evidence that a crime occurred or is in progress, two federal judges ruled, saying that to do so would violate long-established privacy protections.

In separate rulings over the past two weeks, judges in Texas and New York denied FBI requests for court orders that would have forced wireless carriers to continuously reveal the location of a suspect's cell phone as part of an ongoing investigation. Other judges have allowed the practice in other jurisdictions, but the recent rulings could change that.

Depending on a wireless phone's capabilities, carriers can determine either precise or rough locations of users when they make or receive calls, a feature primarily used for emergencies.
The rulings come as controversy mounts over the federal government's ability to conduct domestic surveillance. Privacy advocates continue to criticize the Patriot Act, enacted after the Sept. 11, 2001, terrorist attacks. That law broadened the powers of law enforcement to monitor citizens under suspicion of terrorist activity.

On Tuesday, a coalition of technology and privacy groups filed suit challenging a Federal Communications Commission order that would make it easier for law enforcement to monitor e-mail and other Internet-based communication.
WaPo also reports here about new initiatives for Internet wire-tapping by the feds and organizations concerned about same (me too!).