When winning isn't winning...
From an EFF alert:The US Department of Justice (DOJ) has told the Electronic Frontier Foundation (EFF) that it will not appeal a New York decision that forcefully rejected its request to track a cell phone user without first showing probable cause of a crime. It also appears that DOJ will not appeal a similar opinion recently issued in Texas.Recently, the government lost a case where it had requested the ability to monitor a cell phone, including location data, without a warrant. Normally, that would be cause for cheering; after all, the decision would stand and be counted as a victory. Not here, though. Without guidance from appellate courts, the government can simply choose judges inclined to grant such requests, in secret, and never face significant opposition to the practice: the government doesn't have to tell anyone and the person being monitored isn't told either. |
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