Who's Following You?

GPS is an emerging frontier of law enforcement technology - and privacy invasion. New York's highest court ruled last week that police must get a warrant before they track the location of a citizen using a Global Positioning System transponder placed in their belongings or on their car. But the country's courts are split on the issue and it could be headed for the Supreme Court.

The federal Seventh Circuit court found in 2007 that the use of GPS technology to track suspects did not violate the Fourth Amendment's requirement against search and seizure without a warrant.

From the American Constitution Society blog:

In one ripped-from-the-comic-books example, the Los Angeles Police Department has begun outfitting its cruisers with air guns capable of launching GPS-enabled "darts" at passing cars. The darts adhere to their targets, and thereafter permit remote, real-time tracking of the vehicle from L.A. police headquarters. I confess, it sounds pretty neat. And applied properly, it is truly exciting to see law enforcement make impressive use of these emerging capabilities. But technological advancements cannot excuse the fundamental protections of the Constitution.

Absent a warrant requirement, the police could track unlimited numbers of citizens for months at a time, without ever leaving their desks. No person with a GPS-enabled cell phone could be confident that she was free from round-the-clock surveillance by a network of satellites logging her past movements with utmost precision, even potentially noting the time and location that she crossed paths with other GPS-tracked individuals.

This can be a powerful tool to help police catch criminals and prevent crime, and it should be available for use - with a warrant. The power of our law enforcement agencies must exist within boundaries, and that's why we have protections like the Fourth Amendment. By creating limits on the use of technology like GPS or wire tapping, we draw a bright line protecting our privacy as citizens.

Via @humanfolly