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.

This entry was published Sun Nov 13 12:39:02 CST 2005 by TriggerFinger and last updated 2005-11-13 12:39:02.0. [Tweet]

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