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US Supremes liken GPS tracking to 1984's Big Brother

posted onNovember 9, 2011
by l33tdawg

If the Obama administration wins a crucial case testing when police may use GPS devices to track American's whereabouts, investigators would be free to attach them to all nine members of the nation's highest court without a warrant.

That blunt assessment came not from one of the many critics blasting the controversial practice, but rather from Michael Dreeben, the deputy US solicitor general who argued the case on Tuesday before the Supreme Court. According to legal scholar and blogger Orin Kerr, who attended the hearing, the justices had mixed reactions to that specter, with some comparing the continuous monitoring to a chapter out of George Orwell's 1984 and others struggling to find a way to deem it reasonable.

The hearing comes in the case of a man indicted for cocaine trafficking in the Washington, DC area. FBI agents secretly planted the device on his Jeep Cherokee while it was parked on private property without ever securing a warrant based on probable cause. The device, which allowed agents to track the suspect's whereabouts 24 hours a day for a full month, was accurate to within 100 feet and yielded more than 3,100 pages worth of data, according to court filings.

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Privacy Law and Order

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