government

Government claims Americans have 'no reasonable expectation of privacy' with cell phone usage

Monday, October 15, 2012 by: J. D. Heyes
Tags: cell phones, search warrants, privacy

eTrust Pro Certified

Delicious Pin It
(NaturalNews) It seems like these days, abuses of our Constitution are occurring more frequently by those who have been entrusted to protect and uphold it.

U.S. attorney Nathan Judish argued recently before the 5th Circuit Court in New Orleans that the government need not obtain a probable cause search warrant for cellphone user data because, he says, customers have "no reasonable expectation of privacy." (No word on whether he - or the Justice Department as a whole - takes that same stance for customers of traditional "landline" telephones.)

Judish - senior counsel for the Justice Department's Computer Crime and Intellectual Property Section - "argued that because cellphone companies store usage information at their own discretion, they act as witnesses in a criminal investigation where any relevant information is admissible without a warrant," Courthouse News Service reported.

That rumble you just heard was our Founding Fathers collectively rolling over in their graves at such a tortured explanation of why the Constitution's Fourth Amendment's privacy guarantees suddenly don't apply to federal agents.

The case stems from a government attempt to obtain judicial orders granting the government authority to obtain 60 days' worth of location data from two cellphone companies as part of - get this - a routine investigation. So there's not even extenuating circumstances or other special need for the government to want to trash the Constitution; the Leviathan simply wants so the Leviathan thinks it should get.

Cellphone technology already provides a wealth of data

Fortunately - so far - the Justice Department has not been able to convince a federal court the Fourth Amendment no longer counts. U.S. Magistrate Judge Stephen Smith rejected the government's request a few years ago, saying in 2010 that Justice lawyers must apply for a search warrant which is supported by probable cause; a federal judge has since agreed.

Undeterred; however, the Justice Department is appealing the Constitution-friendly ruling to the 5th Circuit. Judge Thomas Reavley, one member of a three-judge appeals panel, hinted that perhaps Smith required the search warrant because cellphone technology is continually advancing, and that future records could reveal a lot more than they do today.

Judish countered that the federal appeals court shouldn't address possible future technology, but only address technology that is currently available.

However, Susan Freiwald, a professor at the University of San Francisco's School of Law, says cellphone technology is already adept at "massive surveillance," adding that the government's request for cellphone records for a two-month period is "too long and too intrusive," according to the legal newswire service.

She discounted the government's claim that even if cellphone users know their phones are "tracking devices," they should reasonably expect not to be tracked by them.

"The rule is not that mere access to information is subject to no expectation of privacy," Freiwald said, noting that the government, in this case, wants to "be provided on a continuous basis all information related to a call."

Arguing for privacy

In earlier cases, she said the government only sought cellphone registration and location data, as well as data pertaining to all cellphone tower customers in a certain region, before and after a specified time.

"Without a warrant, agents are engaging in a massive surveillance of people," Freiwald said, adding that the government is trying to claim a warrant isn't required for such information.

Hanni Fakhoury, a staff attorney for the Electronic Frontier Foundation, an electronic privacy advocate group in San Francisco, said that technology today is advanced enough that cellphone records reveal not simply where people have been, but also can provide patterns about where they regularly go - a gay bar, a mosque or other places, for instance.

There was no indication how the three-judge panel might rule, Courthouse News reported. Let's hope the panel follows the lead of the two previous federal judges and does the right thing by the people.

Sources:

http://www.courthousenews.com/2012/10/03/50935.htm

http://www.courthousenews.com/2012/10/03/Magistrate%20ruling.pdf

www.eff.org

Get breaking news alerts on GMOs, fluoride, superfoods, natural cures and more...
Join over four million monthly readers. Email privacy 100% protected. Unsubscribe at any time.


Have comments on this article? Post them here:

comments powered by Disqus

Take Action: Support NaturalNews.com

Email this article to a friend

Permalink to this article:

Reprinting this article: Non-commercial use OK, cite NaturalNews.com with clickable link.

Embed article link: (copy HTML code below):
Most Popular
Today | Week | Month | Year

See all Top Headlines...



GET SHOW DETAILS
+ a FREE GIFT

Now Available at ShopNaturalNews.com

O3 Essentials OraJuvenate™
A powerful, cleansing dental cream for maximum oral/dental health.
New Cancer Solutions
Over 3 hours of content covering today’s best cancer tests, how to kill cancer cells and the best diets and exercise routines.
Freeze-Dried 100% Organic Whole Corn
Our freeze-drying method preserves taste, texture and nutrients better than any other food preservation method ever invented.
Fenix TK35 Flashlight
Tough, waterproof, extremely bright and it’s touted to throw an 800+ lumen beam more than 1,000 feet into the night.
Inca Treasure Smoothie Pack
This pack of our four most popular superfoods from South America is the perfect combo pack for smoothie lovers.
Pink Himalayan Salt
This salt delivers significant levels of magnesium, zinc and selenium, with trace levels of dozens of other elements.
Pinhole Glasses - Aviator Style
Pinhole glasses are becoming famous for helping people improve their vision without the risks of laser surgery.
Oxy-Rich Facial Serum
O3 Essentials Jojoba Oxy-Rich Facial Serum is cellular nourishment for your skin. Helps smooth fine lines while enhancing tissue elasticity.
Freeze-Dried 100% Blackberry Halves
Our freeze-dried blackberry halves are grown in Serbia under strict organic standards.

Also on NaturalNews:

Health Ranger Videos
Activist music
CounterThink Cartoons
Food documentaries
FREE Special Reports
Podcasts
Colloidal Silver

Advertise with NaturalNews...

Support NaturalNews Sponsors:

Advertise with NaturalNews...

Most Popular Stories

Flu shot kills 19-year-old, but vaccine industry still has total immunity against lawsuits
Here's a nutty fact: Eating more tree nuts lowers the risk of all-cause death by up to 20 percent
Six important facts you're not being told about lost Malaysia Airlines Flight 370
Malaysia Airlines Flight 370 now clearly a government cover-up: All evidence contradicts official story
10 other companies that use the same Subway yoga mat chemical in their buns
BLM fracking racket exposed! Armed siege and cattle theft from Bundy ranch really about fracking leases
High-dose vitamin C injections shown to annihilate cancer
U.S. treating meat with ammonia, bleach and antibiotics to kill the '24-hour sickness'
USDA to allow U.S. to be overrun with contaminated chicken from China
Vaccine fraud exposed: Measles and mumps making a huge comeback because vaccines are designed to fail, say Merck virologists
Battle for humanity nearly lost: global food supply deliberately engineered to end life, not nourish it
Diet soda, aspartame linked to premature deaths in women

25 Amazing Facts About Food

This FREE downloadable report unveils a collection of astonishing and little-known facts about the food we eat very day. Click here to read it now...

 

Resveratrol and its Effects on Human Health and Longevity - Myth or Miracle.

Unlock the secrets of cellular health with the "miracle" nutrient Resveratrol Click here to read it now...

 

Nutrition Can Save America

FREE online report shows how we can save America through a nutrition health care revolution. "Eating healthy is patriotic!" Click here to read it now...

The Healing Power of Sunlight and Vitamin D

In this exclusive interview, Dr. Michael Holick reveals fascinating facts on how vitamin D is created and used in the human body to ward off chronic diseases like cancer, osteoporosis, mental disorders and more. Click here to read it now...

Vaccines: Get the Full Story

The International Medical Council on Vaccination has released, exclusively through NaturalNews.com, a groundbreaking document containing the signatures of physicians, brain surgeons and professors, all of which have signed on to a document stating that vaccines pose a significant risk of harm to the health of children. Click here to read it now...

Health Ranger Storable Organics

GMO-free, chemical-free foods and superfoods for long-term storage and preparedness. See selection at www.StorableOrganics.com



Recommended Resources On:

Natural News trends
Health Ranger news
Natural News GMOs
Mike Adams tracker
Natural News photos
Natural News Global
Natural News in focus
Natural News connect
Natural News shocking stories
Natural News radar
GMOs
Quackwatch
Vaccines
Health freedom
Dr. Paul Offit

This site is part of the Natural News Network © 2014 All Rights Reserved. Privacy | Terms All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing International, LTD. is not responsible for content written by contributing authors. The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind. Truth Publishing assumes no responsibility for the use or misuse of this material. Your use of this website indicates your agreement to these terms and those published here. All trademarks, registered trademarks and servicemarks mentioned on this site are the property of their respective owners.

eTrust Pro Certified Android app on Google Play

Sign up for the FREE Natural News Email Newsletter

Receive breaking news on GMOs, vaccines, fluoride, radiation protection, natural cures, food safety alerts and interviews with the world's top experts on natural health and more.

Join over 7 million monthly readers of NaturalNews.com, the internet's No. 1 natural health news site. (Source: Alexa.com)

Your email address *

Please enter the code you see above*

No Thanks

Already have it and love it!

Natural News supports and helps fund these organizations:

* Required. Once you click submit, we will send you an email asking you to confirm your free registration. Your privacy is assured and your information is kept confidential. You may unsubscribe at anytime.