Justice Dept. loses round in warrantless phone tracking

[Angry Dragon]

http://news.cnet.com/8301-1009_3-20102518-83/justice-dept-loses-round-in-warrantless-phone-tracking/?tag=nl.e757

By: Don Reisinger
September 7, 2011 6:02 AM PDT

According to the group, the U.S. Court of Appeals for the D.C. Circuit ordered the Justice Department to hand over names and case docket numbers in cases where it "accessed cell phone location data without a warrant."

"Today's decision is a significant victory in the fight against warrantless tracking of Americans by their government," the ACLU wrote on its site yesterday following the court's decision. "There is no good reason for DOJ to keep this case information secret, except to keep the American people in the dark about what its own government is doing and stifle debate about the new tracking powers the government is claiming."

~snip~

"Because cell site location information implicates an expectation of privacy that society is prepared to recognize as reasonable, the Fourth Amendment requires that the government obtain a warrant based on probable cause prior to collecting this information," the ACLU said last year in its friend-of-the-court brief.

In its own case, the ACLU expects the Department of Justice to hand over the tracking information now that the Appeals court has ruled in its favor. However, the Justice Department could still petition the Supreme Court to hear its case.

Read more: http://news.cnet.com/8301-13506_3-20102518-17/justice-dept-loses-round-in-warrantless-phone-tracking/#ixzz1XixvarkW

[me b zola]

1. K&R

[villager]

2. Only a few courts left to reign in a clearly out-of-control executive branch

n/t

[bananas]

3. Obama will get rid of them, making things easier for the next Republican president. nt

[KeepItReal]

4. Hate that term "warrantless"... Implies wiretaps without warrants are feasible

The FISA court can authorize a wiretap after the fact, but Bush & Co broke the law by ignoring that process.

[Dragonfli]

5. Don't worry, when it comes to defending lack of freedom and cancer patients smoking pot, this JD is

is tough as nails!

Would that they showed their teeth and legal prowess against rich torturers and white collar theives that steal billions (for some reason they run and hide in a closet on those issues)

They will fight for their right to know where you are all the way to the top if they have to!
We will finally have permanent safety from those Quakers and peace activists, I have faith in them!

[Supersedeas]

6. the courage of Eric Holder in the face of a Nation of Cowards is something to behold