In a week of devastating disclosures about government surveillance, here’s one ray of light.
The ACLU of Massachusetts reports the Massachusetts Supreme Judicial Court‘s verdict in Commonwealth v. Rousseau. In separate trials, John Rousseau and Michael Dreslinski were each convicted of four charges relating to a spree of burning and vandalizing properties. As part of their case, law enforcement had obtained a warrant to place a GPS tracker on Dreslinski’s truck for 15 days, which was then renewed twice. Two issues came up: whether GPS tracking needed a warrant anyway, and whether Rousseau had standing to challenge the warrant as he had no property interest in Dreslinski’s car.
Continue reading Ray of Light in Massachusetts: Supreme Judicial Court Rules in Commonwealth v. Rousseau that GPS Tracking Requires Probable Cause, Mere Fact of Surveillance Establishes Standing
One of the curious things about digitization is that it allows data to be circulated and shared almost effortlessly. New, cheap ways of sharing and storing data can turn data collection that was previously quite innocent into a serious threat to our ability to be free from government surveillance.
Historically, the law has recognized no constitutional issue with law enforcement collection of license plate numbers, because cars are normally out in public when the numbers are collected. But what happens if cop cars can collect every license plate from every car they pass, moving or parked; check the plate against a database of outstanding warrants; link them to GPS coordinates; and retain the records of which car was where forever, so that they can retrospectively construct a map of your movements?
Well, folks, that bright new day is here. The devices are called “automated license plate readers”, or ALPRs for short. And the ACLU of Massachusetts is supporting a bill that tries to grapple with their implications, and that received its first Joint Committee on Transportation hearing on May 16.
Continue reading Microscope Monday: Analysis of Massachusetts’ proposed License Plate Privacy Act, H 3068 / S 1648
Citizen! Were you under the misapprehension that the terrorist-sympathizing Supreme Court had ruled long ago that law enforcement had to get an actual warrant before accessing the content of your phone calls? Has that thought been keeping you up at night, because it allows people to express potentially un-American thoughts without the FBI being able to listen in and protect us? Well, fear no longer: your friendly neighborhood G-Man is on the case!
Continue reading Ace G-Man Knows All: FBI Agent Claims Power to Access Content of All Phone Calls Ever