GPS Privacy Legislation after the PATRIOT Act

November 26, 2016

This post is more a request for information than a provision of same.

I was discussing cell-phone privacy, and a friend mentioned that since the World Trade Center attacks all cell phones have GPS location devices that are trackable even when off.  I was not sure of the accuracy of that statement (though we all know that the so-called PATRIOT Act was a vast overreaction and overreach), so I went hunting for current law.

I did not find much; I did find a government site from 2014 that had a link to a page about pending legislation; that page was updated 2 months ago (28 Oct. 2016).  Here is the link:
http://www.gps.gov/policy/legislation/gps-act/

The original page (www.gps.gov/policy) also had information on the 2012 Jones decision and on lower-court rulings, including one that required a warrant for GPS-based vehicle trackers (later vacated and to be reheard, according to the site today [26 Nov. 2016]).

I think we have some work to do, between all the other ball-juggling that is happening: Electoral College, vote recounts, proposals for mass registration and deportations, Dakota Access water-protector repression, racist appointments, etc.  Already, many folks are talking about the need for encrypting e-mails and phone conversations/messages—is that actually useful, or just an illusion because Internet Service Providers give everything to the government, anyway?

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Two pieces of good news on the legal front

January 7, 2009

Stephen Aftergood reports on the Federation of American Scientists’ Secrecy News that a hearing has been scheduled for February 9 on the goverment’s appeal of District Court Judge Ann Aiken’s September 2007 ruling that declared FISA unconstitutional:

That ruling came in response to a challenge by Brandon Mayfield, who was erroneously arrested in connection with the Madrid bombings in 2004 based on a false fingerprint match and subsequent surveillance under the Foreign Intelligence Surveillance Act.  The FBI later apologized for his mistaken arrest and provided a financial settlement.  But Mayfield continued to challenge the legal foundation of the arrest.

He successfully argued that FISA, as modified by the PATRIOT Act, violates the Fourth Amendment because it eroded the requirement of probable cause as a pre-condition for obtaining a search warrant, and because it permitted warrants to be issued under FISA without a showing that the “primary purpose” of the search is to obtain foreign intelligence information (as summarized by Judge Vaughn Walker in a July 2008 opinion [pdf], at pp. 39-41).

And David Kravets reports on Wired’s Threat Level that Judge Walker has ruled against the government’s Kafkaesque motion to dismiss the Al-Haramain case:

The suit involves two American lawyers accidentally given a Top Secret document showing they were eavesdropped on by the government when working for a now-defunct Islamic charity in 2004. Their suit looked all but dead in July when they were initially blocked from using that document to prove they were spied on….

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