Federal Court Blocks Obama Administration Attempt to Spy on Cell Phones Without a Warrant

[tekisui]

Source: The Raw Story

The Obama Administration's effort to obtain your location from cell phone towers without a warrant was rebuffed Wednesday by a federal court.

The 3rd Circuit Court of Appeals ruled Wednesday that the Justice Department cannot obtain information about which cell phone towers mobile phones communicate with without a warrant.

The decision was first reported by Wired's David Kravets, and has received almost no coverage in the press. The Obama Administration is seeking to reverse an earlier ruling giving judges the authority to require a warrant for the government to obtain cell phone tracking data.

In October, Obama Assistant Attorney General Lanny Breuer filed a brief seeking the power to obtain cell phone location data without a warrant, arguing that it was essentially communication made in a public place.

Referencing a 1979 case, Smith vs. Maryland, the Assistant Attorney General wrote that because telephone callers cannot expect privacy in the numbers they dial, they can't expect privacy in the locations of towers their cell phones interact with.

more: http://www.rawstory.com/rs/2010/12/obama-attempt-spy-cell-phones-overturned-federal-court/

[Jackpine Radical]

1. The greatest threat to democracy

is a citizenry that can wander around free to talk to each other from anywhere to anywhere without surveillance.

[shraby]

2. Where was this Federal Court when Bush was slurping up

all phone calls without warrants?

[displacedvermoter]

3. So you are upset this court acted to stop similar conduct?

[shraby]

9. Nope, they should have stopped both...but they didn't.

[TheKentuckian]

4. That is madcap partisan whining. You'd rather have this continue than rebuke Obama?

[displacedvermoter]

6. That seems possible

[CoffeeCat]

5. Why does the Obama Administration continue...

...the Fascist agenda of the Bush Administration--which sought to listen to our
conversations, read our email without a warrant. Now Obama wants to continue
the reach by knowing our location, via our cells phones--without a warrant?

I'm really tired of this.

Mr. "Constitutional Professor" needs to take his own course. And really listen this time.

[treestar]

7. Good, that is what the courts are for

And the Administration will go along with the ruling.

[tekisui]

8. Or appeal it to the right-wing Supreme Court, who may support the Administration.