Your cell phone is a miniature tracking device

The FBI and the U.S. Department of Justice have seized on the ability to locate a cellular customer and are using it to track Americans' whereabouts surreptitiously--even when there's no evidence of wrongdoing.

A pair of court decisions in the last few weeks shows that judges are split on whether this is legal. One federal magistrate judge in Wisconsin on Jan. 17 ruled it was unlawful, but another nine days later in Louisiana decided that it was perfectly OK.

This is an unfortunate outcome, not least because it shows that some judges are reluctant to hold federal agents and prosecutors to the letter of the law.

It's also unfortunate because it demonstrates that the FBI swore never to use a 1994 surveillance law (Communications Assistance for Law Enforcement Act) to track cellular phones--but then, secretly, went ahead and did it, anyway.

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The US Secret Service is developing the following:

The Wireless Tracking Device Program: The USSS portfolio is funding development of a handheld, man-portable, concealable, wireless tracking device for locating operators of wireless communication device(s) in difficult radio frequency environments such as an office building or an event stadium. Taken directly from the DHS FY2006 Congressional Justification Report. [see pg. S&T - 110]

AND,

Loss of Location Fidelity Program: The USSS portfolio will initiate an Optical & Chemical Tagging/Tracking Project under this program. This project’s objective will be the development of optical and chemical tags that are robust and covertly deployable. Additionally, the mechanism used for tracking of the “tagged” individual/item must also be covertly deployable. [see pg. S&T - 112 of the report]

January 4, 2006, post on the topic