Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn’t violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway — and no reasonable expectation that the government isn’t tracking your movements.

That is the bizarre — and scary — rule that now applies in California and eight other Western states. The U.S. Court of Appeals for the Ninth Circuit, which covers this vast jurisdiction, recently decided the government can monitor you in this way virtually anytime it wants — with no need for a search warrant.

It is a dangerous decision — one that, as the dissenting judges warned, could turn America into the sort of totalitarian state imagined by George Orwell. It is particularly offensive because the judges added insult to injury with some shocking class bias: the little personal privacy that still exists, the court suggested, should belong mainly to the rich.

Chief Judge Alex Kozinski, who dissented from this month’s decision refusing to reconsider the case, pointed out whose homes are not open to strangers: rich people’s. The court’s ruling, he said, means that people who protect their homes with electric gates, fences and security booths have a large protected zone of privacy around their homes. People who cannot afford such barriers have to put up with the government sneaking around at night.

Here’s a cheap way to block the GPS tracking, at least until they figure out a way around it.




  1. Greg Allen says:

    >> Personality said, on August 27th, 2010 at 4:44
    >> What if they come onto my driveway and the security light goes off and I see it from my bedroom. I jump up grab my nightstand 9mm and run our there.

    You kind of deserve to be shot if you are stupid enough to run outside with your loaded gun just because someone set off your security light.

    Even if you don’t deserve it, your neighbors will be safer for it.

  2. cookie_crumbs says:

    F* them. I don’t have a car.

  3. Scooter says:

    The EFF has this to say:
    August 6th, 2010
    Court Rejects Warrantless GPS Tracking
    EFF-ACLU Arguments Against Always-On Surveillance Win The Day.

    So I think some clarification is needed. From what I understand, the use of GPS trackers is still like those “beepers/ radio trackers” that the police are/were using anyways. Although I think that any tracking is wrong, I think that this is a bit of FUD. Unless the EFF got it wrong.

  4. Big Brother says:

    “#18, how correct you are. There are so many way the government can track us. This is really not a big deal. And if I’m not doing anything illegal, why the hell would I care if big brother knows I’m at Wendy’s.”

    Guess you never heard of “The Patriotic Fast Food Condiments Act of 2002”? eh, gquaglia? Too bad for you. 10-20 years in the can should teach you to be more careful with the mayonnaise next time.

  5. hyperkinetic says:

    FYI: They don’t just stuck them underneath. No reception. In today’s plastic cars, a chunk of foam is removed from the inside of the bumper and it’s installed there. I know this first hand, but won’t say how!

  6. Gregory says:

    “The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”
    — Thomas Jefferson (attributed to Jefferson, by his contemporaries)


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