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.