re Justice Department pushes for tracking of cell phone locations

[Dave Farber <dave () farber net>]

Begin forwarded message:

> From: Declan McCullagh <declan () well com>
> Date: February 13, 2010 6:51:33 PM EST
> To: dave () farber net
> Subject: Re: [IP] re  Justice Department pushes for tracking of cell  
> phone locations

> Dave,
>
> The U.S. Department of Justice told a federal appeals court  
> yesterday that no search warrant is needed to learn the locations of  
> Americans' cell phones. Said Mark Eckenwiler, a DOJ attorney who has  
> long specialized in this area: "The government is not required to  
> use a warrant when it uses a tracking device."
>
> Here's my article from this morning, and some transcribed sections  
> from the oral arguments:
> http://news.cnet.com/8301-13578_3-10453214-38.html
>
> Mark, by the way, has been an occasional contributor to IP over the  
> years, though I haven't seen anything from him here lately.
>
> The DOJ argues, essentially, that there's no constitutional or  
> Fourth Amendment issue here as long as we're not being tracked from  
> room to room inside our homes.
>
> Here's a New York Times editorial yesterday disagreeing, saying "the  
> courts should make clear that the Fourth Amendment requires the  
> government to obtain a search warrant for locational records":
> http://www.nytimes.com/2010/02/12/opinion/12fri3.html
>
> -Declan



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