Are The American People Being Spied On Or Not?

[Fearless]

122. Phone records are only a small part of this issue

We're talking about geo-location from cell towers. While at some points you are in the "public sphere" and can legally be monitored by anyone without warrant (so long as it isn't stalking), there is no way to differentiate whether or not you have entered a private location (be it business, home, or private residence). Therefore it is ILLEGAL to data mine for the geo-location data for cell users as the US government HAS done.

Without a warrant, you (person, company, or government) are not constitutionally allowed to obtain this information on anyone. The courts have dealt with this issue in the past A LOT in dealing with the definition of "expectation of privacy". The only place where this is allowed is by the company that you are dealing with. For instance, you do not have a reasonable expectation of privacy in regards to your geo-location information from the cell company themselves, because you agree to their services.

The Obama Administration would contend currently that under the precedent for expectation of privacy that they are then allowed to take your data because of the lessening of the expectation of privacy precedent regarding emails after they've reached their destination. That is, they hope to argue (although invoking state secrets means at least for the time being they won't have to) that your data enters the public sphere when it is aggregated by the telecom. That is however false. Otherwise it would also be required to be publicly available, as would your SSN, any product you buy on a club card at a grocery store, all online purchases by accounts made on Amazon, EBay, PayPal, etc. Additionally all searches on search engines by your computer, all tv shows watched from many cable providers, Netflix, YouTube, Facebook, AIM, Skype, etc. If they argue that they have entered the public domain then they are also arguing that ALL people are legally ALLOWED to view that data because it is no longer covered by the protections of the expectation of privacy.

The courts have left this area extremely gray and for good reason. Government agencies want the leeway to use your information but at the same time keep up the idea that you still have privacy. You can't have both.

It comes down to the fact that the Administration is intrinsically WRONG in their belief that what is being done is legal. Because if it is legal, then you have no expectation of privacy in ANY of this aforementioned information, including your SSN for instance. Either the information is in the public domain and they and everyone can see it legally or it isn't and no one can. That is the law and that is the precedent as it relates to the Fourth Amendment.

Here is a BASIC description if it for you...

http://en.wikipedia.org/wiki/Expectation_of_privacy