Gov Pushing for Cell Tracking Without Probable Cause

By | December 7, 2005

The Electronic Frontier Foundation (EFF) has asked a federal judge in New York City to reject a Department of Justice request to track mobile phone users without probable cause of a crime.

EFF and the Federal Defenders argue that no law authorizes the government’s demand, and that granting would threaten American’s Fourth Amendment right against unreasonable searches.

This briefing follows a decision last week in Maryland denying similar order, which combined with the latest denials, represents exceptional judicial reprove to the Department of Justice surveillance practices.

“Even though three federal courts have now completely rejected the Justice Department´s arguments for tracking a cell phone without probable cause, it is still asking other judges for these plainly illegal surveillance orders,” said Kevin Bankston, EFF Staff Attorney.

“How many public denials is it going to take before the Justice Department either stops seeking such orders altogether, or is willing to appeal one of these decisions and subject its baseless arguments to scrutiny by higher courts?”

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