Don’t want the police or your local government to know where you are? Then put your cell phone in airplane mode or turn it off.

Location tracking is inherent in how cell networks function; otherwise nobody’s cell phone would ring. But new evidence from the American Civil Liberties Union shows that phone location tracking has also become a surprisingly common tool of law-enforcement investigations — with, but often without, a warrant.

The ACLU recently obtained records from over 200 police departments and other law enforcement agencies around the U.S. They found that “virtually all” of these agencies track the location of cell phones with data supplied by wireless carriers…

But don’t the police need a warrant for that? It varies by state, but carriers generally say they require a court order to release this data. Regardless of these requirements, however, “Only a tiny minority reported consistently obtaining a warrant and demonstrating probable cause to do so,” said the ACLU…

“The government should have to obtain a warrant based upon probable cause before tracking cell phones. That is what is necessary to protect Americans’ privacy, and it is also what is required under the Constitution,” states the ACLU on its site…

If the police decide they want to know where you’ve been, it’s likely that your carrier will tell them, for the right price. And right now, there’s no way to prevent that.

Keep on rocking in the Free World!



  1. dusanmal says:

    That is why we need Constitutional amendment for 21st Century. Intent of founders is clear and there should be not an iota of legal quandary about its content. However, we are not getting it while politics is dominated by Progressives, left and right. So, first order of business is to kick out Progressives from Left and Right and bring Libertarians and Tea Partiers (yes, Tea Partiers, compare their records on the issue and their media niches on the issue [say Glenn Beck?]). That done, amendment is just a matter of simplicity: all electronic communication is free, protected speech. All free speech protections apply to abilities of Government and Corporations involved, limiting them to what they can or can not do with it. Second, same as personal belongings and papers were protected at the time of our Founders, all personal electronic information is by default private and can only be accessed with the warrant. (Side issue – Tea Partiers and Libertarians Government would pass laws that law enforcement agencies can’t issue warrants for themselves, after all British ability to do so was one of revolution starters). Finally, something founders couldn’t even dream of – our “is” appearance (from face, fingerprints, DNA,…) is by default private. In order to collect it or store it – Government needs warrant. Just these simple demands would make consequences in related regulations such that surveillance society would become impractical – if you can’t store faces without consent or warrant, CCTV all over is impossible to implement, drones are hard to implement,… except in real warranted cases (and those we must accept, technology goes on).

    • Mextli: ABO says:

      “CCTV all over is impossible to implement”
      Been to London?

    • msbpodcast says:

      Government needs [a] warrant.

      That’s the stupidest thing I’ve ever read.

      If you’re setting foot outside your house an onto common property or onto any body else’s property, you have no longer have the right to hide your face/identity.

      If you think I’m kidding, walk into a bank wearing a face mask.

  2. jpfitz says:

    Get rid of your smart phone. Problem solved. We are all so important that 24/7 communications is necessary. Borrow a cell phone if you need to make an emergency call. The worlds gone insane with i this and android that. Doesn’t anyone have a home phone to make their calls from. I do, and you won’t see me chatting on a cell phone just to be told to pick up some milk.

  3. McCullough says:

    I don’t think this is unique to smartphones. All cellphones are susceptible.

    Anyway we have been bitchin’ about this on DU forever…only to be dismissed as paranoid loons.

    • jpfitz says:

      Get rid of any cell phone, is it really a necessity. If the device is a necessity don’t complain or engage in illegal activity. TPTB will use all the technology at their fingertips
      to procure the information needed, regardless of the legality. I wish this was not the fact, but big brother is no joke. To add to that since 9/11 the proverbial shit has hit the fan. So, no rights for you. Only the right of big brother.

      What country do you think your living in today?
      This is not your Grand Fathers U.S. of A.

  4. fromuNDAzcheese says:

    bitch and moan all you like. vote red or blue, it doesent matter as long as you write that check on 4/15.

  5. bobbo, the pragmatic existential evangelical anti-theist says:

    TV Show Castle a few days ago had a bomb go off in a crowd. The investigation technique was a program that displayed most of the people in the crowd as they were ID’d by their cell phones. Then, they looped the locations and found their suspect as he moved to the location of the bomb and then rapidly walked away just before the explosion.

    I thought: Not now, but soon?

    Dismal as usual displays the confusion/conflation of privacy rights ((which few if any of the conservatives on the Sup Ct even recognize as not expressly stated in the Constitution)) with a desire to be anonymous.

    I don’t know why “being on-line” should not be thought of as being in public and therefor your observation is available to any who wish to do so.

    Pro’s and Con’s to any position. Make illegal what should be and stop FUD regarding the slippery slopes.

    • jpfitz says:

      The slippery slope is greased with waste, fraud and fear ingrained into the worker bees at information gathering centers around the nation and world. Your assumption of making illegal what is illegal is moot.

      Thomas Drake is an example of what’s happening to the public, speak up and be shut down.

      Yea, I realize I’m commenting today like a mad man, it’s just that this subject I find very interesting.

      Great video of Thomas Drake describing his attempt at trying to whistle blow while at the NSA.

      http://democracynow.org/2012/3/21/in_unprecedented_obama_admin_crackdown_nsa

  6. jpfitz says:

    With the advent of cell phone technology comes the inherent dangers of somebody listening in, or following your every move.

    Tapping your cell phone. I’m sure all here on DU are aware of this.
    http://youtube.com/watch?v=uCyKcoDaofg

    NSA unchained infographic
    http://aclu.org/national-security/nsa-unchained-infographic

  7. msbpodcast says:

    Bwahahaha…ha.. <snort>

    Do you think for one second that the powers that be don’t have you under 24×7 surveillance?

    That’s not the part that worries me.

    Its not even the old quid custodiet ipso custodes (Who will watch the watchers?.)

    We all will (or at least we all better be. [Crowd sourcing surveillance == employment for busybodies.])

    The part of these bills that galls me is that I can’t say anything, even if its the undisputed truth, like the earth revolves around the sun, because I could get put away in Guantanamo for saying it because somebody like Santorum gets a fundamentalist bee up his ass and decides to go Big Brother on my ass…

  8. The Pharmasist (i can handle it) says:

    america… land of the free (har!) home of the retarded…

  9. SPOCK says:

    alot of today’s headlines read so fantastic
    that one almost questions reality, and
    exactly where / what happened to politics,
    national interests, freedoms, etc. i’m also
    not gonna say i’m a ron paul fanatic, cuz
    i’m not. but… in comparison to the rest
    of the republican candidates, he looks to
    be head-and-shoulders above (imho). he’s
    mild-mannered, intelligent, experienced,
    and seems reasonable. i can’t comprehend
    how he’s pretty much out of the race versus
    the likes of romney and santorum. is it
    campaigning? advertising? what is it?

  10. Anonymous says:

    Get a cell phone. Don’t get a cell phone. That is the question.

    For me, I don’t! I don’t need to be in constant contact with ANYONE. Not the boss and certainly not the Misses. I also don’t need to be distracted when working or when driving either.

    This cops tracking issue is just one more reason to not have a cell phone (or keep it off). But then how do you play your Angry Birds game and waste time on your companies dime?

    (Is it REALLY any wonder our authorities mirror our own collective bad judgement?)

  11. Peppeddu says:

    AFAIK, they can only tell if you are connected to a particular tower and that means you can be anywhere within those two mile radius.

    In Italy the police do need a warrant in order to eavesdrop phone calls or to do location tracking.
    The ex prime minister (Berlusconi) got in trouble for alleged sex with the underage Moroccan girl (Ruby)

    The interesting thing is that on the same day, Russian Prime Minister, Putin, visited Berlusconi in Italy, he spent the day (and night) at Berlusconi’s residence.
    On the same night, Ruby’s cell phone was connected to the same tower that cover the residence until the next morning.

    That’s in the official Italian police report for the case.

  12. JimD, Boston, MA says:

    The Cops will soon be sending a Micro Crusie Missiles to GPS LOCATIONS TO BLOW UP ANY ONE THEY DON’T LIKE !!! No Warrants, Arrests, Messy Trials – just BOOM – GONE !!! Instant “Justice” !!! Protecting the 1% from the 99% of the rest of us !!! Isn’t Amerika GREAT ???

  13. Glenn E. says:

    I agree with many of you, that this is not a violation of anyone’s privacy. You’re out in public, being seen by any number of people, and security camera devices. The only thing the cell phone tracking does, is prevent law enforcement from wasting as much time and money, looking for someone. There are still rights that have to be read. They can arrest you at your home, just as easily, as anywhere else. And almost always, the authorities will need to have an arrest warrant.

    But they don’t need one to find you. Just as they don’t need a warrant to watch street, airport, or shopping mall cameras, that you might happen to appear on. So if your Cell carrier provides a means of locating you. Then the authorities don’t need a warrant to get them say where you are.

    If you don’t like that, get rid of your cell phone. And also, don’t use credit cards. Because their use may be traceable too. What’s particularly disturbing though, is when police wait to show up at your school or your job, to arrest you. When they could do it at your home, where it’s private and a lot less embarrassing. Because if it’s a wrongful arrest. It’s much easier to explain to a couple of neighbors, than it is to your boss, coworkers, or your whole school. Who may not believe you, in larger numbers. And that would be the end of your job, or your education.

    I’d rather be arrested at the shopping mall, or grocery, or bar, where nobody knows me. If that’s the alternative to a school or work arrest. Terrific! I believe in most states, the police try not to arrest you in or just outside of schools, or your work place. However in Texas, it might be different.


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