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Court Says Tracking by Cell Phone Signal Off Limits

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Photo Credit: WNDAmid revelations that the National Security Agency and others have monitored Americans’ cell phone calls, a state court has affirmed the privacy rights of cell phone users.

The decision this week by the New Jersey Supreme Court in the case of Thomas W. Earls applies only to residents of the state, but it is being watched as a possible bellwether in the surging dispute over the government’s surveillance powers.

The Electronic Privacy Information Center said the decision is the first to “establish a constitutional right in location data since the U.S. Supreme Court decided United States v. Jones, a GPS tracking case in which several justices expressed concern about the collection of location data.”

In that case, the U.S. Supreme Court ruled police could not attach a tracking device to a suspect’s vehicle and follow him without probable cause and a warrant.

In the Earls case, the court upheld that “individuals have a reasonable expectation of privacy in their cell phone location data.”

Read more from this story HERE.

Rush Limbaugh Says Rapper Jay-Z Takes Page Out of Obama’s Book, Snatches Private Data from Cell Phones

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Photo Credit: WNDRush Limbaugh gets it. Barack Obama gets it. Even Samsung and the producers who manage Jay-Z get it.

In a little more than a week after its June 24 launch, Jay-Z’s album “Magna Carta Holy Grail” had been downloaded free by more than a half-million people who purchased Samsung’s popular Galaxy S4 cellphone, Billboard reported.

Downloading Jay-Z’s new album on the Samsung phone required a special app that also retrieves a ton of personal information from the user and delivers it to Samsung.

Limbaugh explained to his radio audience Tuesday that it was “a data-mining app”…

“They had no idea. They just thought, ‘Holy, wowie zowie, Jay-Z, Magna Carta … Holy Grail for free.’ And they did what they had to do, and they ended up having every bit of data about themselves transferred from their phone back to Samsung and whoever else,” Limbaugh said.

Read more from this story HERE.

Study: Steady Cell Phone Use Leads To Spikes In Blood Pressure

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Photo Credit: NICOLAS ASFOURI/AFP/Getty Images

Seeing spikes in your blood pressure? It could be attributed to your consistent use of cell phones.

A new study has found that mobile use of cell phones can lead to increased blood pressure. The study, which was done by ScienceDaily, was presented at the annual meeting for the American Society of Hypertension.

Italian researchers from Guglielmo da Saliceto Hospital found that their subjects’ blood pressure readings increased from 121/77 to 129/82 while they consistently utilized their phones.

Read more from this story HERE.

What a Relief: Our Trustworthy President Assures Us that the Feds aren’t Listening to Your Phone Calls (+video)

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Photo Credit: Washington Examiner

President Obama on Friday for the first time publicly defended his administration’s top-secret phone and Internet surveillance programs, insisting that Americans weren’t being directly targeted and that national-security benefits were worth the “modest encroachments on privacy.”

“Nobody is listening to your telephone calls,” Obama said, acknowledging that his National Security Agency was collecting massive amounts of data on Americans. But he insisted that the data included only telephone numbers and durations of conversations — and that there was no monitoring of actual calls. To listen in on conversations, Obama said it would require court approval.

As for the revelation that the NSA and FBI are also accessing the Internet servers of major U.S. providers, Obama said, “This does not apply to U.S. citizens, and this does not apply to people living in the United States.”

Obama was forced to address the simmering controversies at an event in San Jose, Calif., meant to trumpet his healthcare overhaul. Allies and political foes alike have battered the administration with charges of government overreach as details continue to emerge about its surveillance programs.

Obama offered no apologies, at one point brushing off the controversies as “hype.” He said the secret programs, originated in President George W. Bush’s administration, were subject to Congressional oversight.

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Outrage Over NSA’s Theft of Millions of Verizon Customers’ Records; but What About the Agency’s Recording of All Cell Calls?

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Photo Credit: Matt Rourke/AP

As Restoring Liberty reported last month, a retired FBI counter-terrorism agent let it slip during a CNN interview regarding the Boston Marathon Bombing that the U.S. government is recording all cell phone conversations.

Previously, NSA whistle-blower William Binney, a 32-year veteran of the agency, claimed in an interview with the New York Times that the federal government was engaged in near-universal surveillance of digital communications, not just in the United States but internationally. He claims that he helped develop the technology to accomplish this.

With that as the backdrop, it was disclosed yesterday that the NSA secured an Order from a top secret U.S. Foreign Intelligence Court out of Washington, D.C. to gather up the records – on an ongoing, daily basis – of all telephone calls such as the length of the call, phone numbers, time of the call, and geographic location of the call.

Why would the Feds need this when they’re already recording all cell communications? Mr. Binney would have to answer that question but perhaps the government is only able to intercept the data packets for voice communications and is unable to match those to specific phone numbers without the additional information supplied by the carriers.

In any event, this outrageous Fourth Amendment violation is yet another reason that many are suggesting the country has entered into an era of “soft tyranny.”

Here’s more on the NSA’s Verizon snooping from the British outlet that first broke the story:

The National Security Agency is currently collecting the telephone records of millions of US customers of Verizon, one of America’s largest telecoms providers, under a top secret court order issued in April.

The order, a copy of which has been obtained by the Guardian, requires Verizon on an “ongoing, daily basis” to give the NSA information on all telephone calls in its systems, both within the US and between the US and other countries.

The document shows for the first time that under the Obama administration the communication records of millions of US citizens are being collected indiscriminately and in bulk – regardless of whether they are suspected of any wrongdoing.

The secret Foreign Intelligence Surveillance Court (Fisa) granted the order to the FBI on April 25, giving the government unlimited authority to obtain the data for a specified three-month period ending on July 19.

Under the terms of the blanket order, the numbers of both parties on a call are handed over, as is location data, call duration, unique identifiers, and the time and duration of all calls. The contents of the conversation itself are not covered

Feds Admit that FBI Warrantless Cellphone Tracking, Eavesdropping ‘Very Common’

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Photo Credit: Free Patriot

FBI investigators for at least five years have routinely used a sophisticated cellphone tracking tool that can pinpoint callers’ locations and listen to their conversations — all without getting a warrant for it, a federal court was told this week.

The use of the “Stingray,” as the tool is called, “is a very common practice” by federal investigators, Justice Department attorneys told the U.S. District Court for Arizona Thursday, according to the American Civil Liberties Union.

Installed in an unmarked van, Stingray mimics a cellphone tower, so it can pinpoint the precise location of any mobile device in range and intercept conversations and data, said Linda Lye, staff attorney at the ACLU of Northern California in a blog post about the case.

In a rare public discussion of federal electronic surveillance capabilities and authorities, Justice Department lawyers told the court hearing that, instead of a warrant, the FBI operates Stingray and other cellphone-mimicking technology under the authority of “pen register” orders. These court orders, also known as “tap and trace” orders, are generally issued to allow investigators to collect only so-called “metadata” — like all phone numbers calling to or called from a particular number.

But Stingray collects much more than just phone numbers and also “sweep[s] up the data of innocent people who happen to be nearby,” according to the ACLU filing.

Read more from this story HERE.

Obama Admin. Arguing It’s Legal To Track Citizens’ Every Movement Without A Warrant

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The Obama administration told federal judges in New Orleans yesterday that warrantless tracking of the location of Americans’ mobile devices is perfectly legal.

Federal prosecutors are planning to argue that they should be able to obtain stored records revealing the minute-by-minute movements of mobile users over a 60-day period — in this case, T-Mobile and MetroPCS customers — without having to ask a judge to approve a warrant first.

The case highlights how valuable location data is for police, especially when it’s tied to devices that millions of people carry with them almost all the time. Records kept by wireless carriers can hint at or reveal medical treatments, political associations, religious convictions, and even whether someone is cheating on his or her spouse.

“It’s at a point now where the public awareness about this specific issue is growing,” says Hanni Fakhoury, a staff attorney at the Electronic Frontier Foundation who will be arguing the pro-privacy side before the Fifth Circuit Court of Appeals this morning.

Today’s oral arguments are remarkably timely: on Sunday, California Gov. Jerry Brown, a Democrat, vetoed (PDF) a bill that would have required law enforcement to obtain location warrants. And last week, Rep. Zoe Lofgren, a Democrat representing Silicon Valley, introduced pro-warrant federal legislation.

Read more from this story HERE.