It is the prohibition that makes anything precious.
Mark Twain’s Notebook

What’d you find this morning?  This came via e-mail list from today’s LawCom news:

Feds’ Cell Phone Tracking Divides the Courts
Judges grapple with DOJ requests as law struggles to keep pace with technology
Tresa Baldas
The National Law Journal

But what about allowing federal investigators to monitor a person via his or her cell phone without having to provide evidence of criminal activity?

That question has got privacy advocates on high alert as several courts in recent months have received requests from the U.S. Department of Justice to track people through their cell phones with no showing of probable cause.


But most recently, on Dec. 20, a fourth judge, in New York, ruled in the government’s favor, finding that the USA Patriot Act and federal wiretapping laws allow police to track cell phone signals without showing probable cause. In re Application for the U.S. for an Order for Disclosure of Telecommunication: Opinion and Order Authorizing Use of Pen Register and Trap Trace, No. 05 Mag. 1763 (S.D.N.Y.).

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