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<title>Techdirt. Stories filed under &quot;tracking&quot;</title>
<description>Easily digestible tech news...</description>
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<image><title>Techdirt. Stories filed under &quot;tracking&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Tue, 27 Nov 2012 05:18:52 PST</pubDate>
<title>Court Temporarily Blocks School District From Suspending Student For Refusing To Wear Student ID/Tracking Device</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121125/15041521137/court-temporarily-blocks-school-district-suspending-student-refusing-to-wear-student-idtracking-device.shtml</link>
<guid>http://www.techdirt.com/articles/20121125/15041521137/court-temporarily-blocks-school-district-suspending-student-refusing-to-wear-student-idtracking-device.shtml</guid>
<description><![CDATA[ A few months back, Tim Geigner covered the story of a Texas school district&#39;s efforts to <a href="http://www.techdirt.com/articles/20120907/08595920309/rfid-tagging-students-is-all-about-money.shtml" target="_blank">track its students&#39; whereabouts</a> using student ID cards with embedded RFID chips. The district attempted to paint this "students-as-livestock/prisoners" effort as being there for the safety of students and staff. But underneath all the "safety" talk was a large pile of money that the school district hoped to pocket. The so-called "Student Locator" project Texas&#39; Northside Independent School District was implementing put school officials within handout distance of nearly $1.7 million in state government funds.<br />
<br />
Although many students and parents have expressed their displeasure with the new program, it wasn&#39;t until a student at John Jay High School&#39;s Science and Engineering Academy opted out that any punishment had been handed out in connection with the RFID cards. Andrea Hernandez has refused to wear the ID card, citing religious and privacy reasons. In response, the school district has suspended her indefinitely, moving her to another high school in the same district that has not yet implemented the Smart ID policy.<br />
<br />
Despite all the talk about "safety," the school district was <a href="http://thenextweb.com/insider/2012/11/23/judge-temporarily-saves-teenage-girl-facing-suspension-for-refusing-to-wear-rfid-tag-in-school/" target="_blank">more than happy to undercut the entire <i>stated</i> purpose of the Smart ID in order to keep Hernandez and her family from speaking out against the program</a>.
<blockquote>
<i>The school offered a special lanyard with the RFID tag removed, in the hopes to put a damper on the whole situation. The student&rsquo;s father refused the deal, however, because it came with strings attached.</i><br />
<br />
<i>&ldquo;He told me in a meeting that if my daughter would proudly wear her student ID card around her neck so everyone could see, he would be able to quietly remove her chip from her student ID card,&rdquo; Steve Hernandez told WND. &ldquo;He went on to say as part of the accommodation my daughter and I would have to agree to stop criticizing the program and publicly support &hellip; it. I told him that was unacceptable because it would imply an endorsement of the district&rsquo;s policy and my daughter and I should not have to give up our constitutional rights to speak out against a program that we feel is wrong.&rdquo;</i></blockquote>
Apparently, the ID cards are <i>so</i> essential that the school district is willing to suspend a student for <i>not</i> wearing one, but not essential enough that the ID card needs to be fully functioning. Any stated concerns about "safety" are completely laughable if the district is willing to let students wander the school grounds untracked, sporting only plastic badges.<br />
<br />
It&#39;s pathetic that this attempt was even made. The school district&#39;s main concerns seem to be a) having students <i>appear</i> to support the program, b) using the RFID cards to provide proof of attendance in exchange for funding and c) shutting down criticism.<br />
<br />
Unfortunately for the school, <a href="https://www.rutherford.org/publications_resources/on_the_front_lines/victory_court_grants_rutherford_institute_request_to_stop_texas_school_from" target="_blank">the attempted suspension is now on hold</a>.
<blockquote>
<i>The Hernandez family decided to take action against the school with the help of the Rutherford Institute, a civil liberties and human rights group which immediately took the view that the school district is looking for more public funding, which it can only receive if there is proof of positive student attendance rates. Rutherford attorneys filed a petition for the aforementioned TRO, as well as immediate injunctive and declaratory relief alleging that the school&rsquo;s actions violate Hernandez&rsquo;s rights under Texas&rsquo; Religious Freedom Act, the First Amendment, and the Fourteenth Amendment.</i><br />
<br />
<i>&ldquo;The court&rsquo;s willingness to grant a temporary restraining order is a good first step, but there is still a long way to go&mdash;not just in this case, but dealing with the mindset, in general, that everyone needs to be monitored and controlled,&rdquo; John W. Whitehead, president of The Rutherford Institute, said in a statement. While the TRO has been granted, a hearing on the preliminary injunction will take place next week.</i></blockquote>
<a href="https://www.rutherford.org/files_images/general/11-21-2012_TRO-Petition_Hernandez.pdf" target="_blank">The Rutherford Institute&#39;s filing (PDF)</a> states that the district currently has no policy or procedure in place that deals directly with the RFID badges, much less one stating that students can be suspended for failing to wear the new IDs. It also points out that requiring Hernandez to wear a nonfunctioning ID as a "show of support" for the Student Locator Project violates her First Amendment rights by compelling her to convey a message she does not agree with. The filing also claims that the school district&#39;s ID program clearly violates both her Fourteenth Amendment rights as well as Texas Freedom of Religion Act. According to Hernandez, many other students have refused to wear the ID cards, but none of them have been punished to the extent that she is, prompting claims of religious persecution.<br />
<br />
All in all, this doesn&#39;t look good for the school district, which has pushed through an intrusive student surveillance program in order to secure additional government funding. The "safety" of the student body is just the sales pitch. Any supposed "concern" for student safety went out the window, along with the legitimacy of the program, the moment the district offered to remove the tracking chip. The audacity of the district&#39;s actions is breathtaking -- both the implementation of such a controversial program, and its response to this student&#39;s refusal to participate.<br />
<br />
The only other situation in which human beings <i>might</i> need to be constantly surveilled at an individual level is at a maximum security prison. But if you&#39;re willing to treat minors looking for an education like dangerous convicted criminals, there&#39;s no telling what your next "bright idea" might be. Here&#39;s hoping this early effort leads to the entire program being scrapped before it can do any more damage.<br /><br /><a href="http://www.techdirt.com/articles/20121125/15041521137/court-temporarily-blocks-school-district-suspending-student-refusing-to-wear-student-idtracking-device.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121125/15041521137/court-temporarily-blocks-school-district-suspending-student-refusing-to-wear-student-idtracking-device.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121125/15041521137/court-temporarily-blocks-school-district-suspending-student-refusing-to-wear-student-idtracking-device.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>maybe-someone-should-ask-the-administration-to-wear-one-during-the-work-day</slash:department>
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<pubDate>Fri, 11 May 2012 10:03:00 PDT</pubDate>
<title>Senator Franken Questions Legality Of DOJ Having Mobile Operators Reveal Where People Are</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120511/02592818875/senator-franken-questions-legality-doj-having-mobile-operators-reveal-where-people-are.shtml</link>
<guid>http://www.techdirt.com/articles/20120511/02592818875/senator-franken-questions-legality-doj-having-mobile-operators-reveal-where-people-are.shtml</guid>
<description><![CDATA[ It's long been known that law enforcement relies heavily on mobile phone providers to give them data on where people are, based on the location info on their mobile devices.  Back in 2009, a Freedom of Information Act request revealed, for example, that Sprint had provided law enforcement officials with GPS data a staggering <a href="http://www.techdirt.com/articles/20091201/1305527152.shtml">8 million times</a> in the previous year.  Now, it's important to note that many of those times were apparently multiple "pings" on the same person/device.  But, still.  You can bet those numbers have only gone up.  Last year, Senator Wyden <a href="http://www.techdirt.com/articles/20110128/01424512872/senator-wyden-proposing-legislation-requiring-warrants-law-enforcement-to-get-device-location-info.shtml">proposed legislation</a> requiring that law enforcement get a warrant.  He has also hinted strongly at the idea that part of the government's secret interpretation of the PATRIOT Act involves <a href="http://www.techdirt.com/articles/20110727/04125215277/wyden-continues-to-press-intelligence-officials-about-tracking-americans-under-secret-interpretation-patriot-act.shtml">access to location info</a> on just about anyone with a mobile device.
<br /><br />
It appears that others are taking some interest in the possibility of widespread government tracking without a warrant as well.  Senator Al Franken has <a href="http://idealab.talkingpointsmemo.com/2012/05/sen-franken-wants-to-know-if-justice-dept-asked-for-your-cell-phone-location-data.php" target="_blank">sent a letter to Attorney General Holder</a> asking some pretty pointed questions about how frequently the government gets location data from mobile service providers, and what legal standards it uses.  He points to the <a href="http://www.techdirt.com/articles/20120123/11261317515/fourth-amendment-lives-supreme-court-says-gps-monitoring-is-search-that-may-require-warrant-updated.shtml">Jones ruling</a>, which suggested there could be a 4th Amendment violation for placing a GPS device on a car, as one of the reasons for his concern.
<blockquote><i>
I was very concerned to read recent reports suggesting that state and local law
enforcement agencies may be working around the protections of Jones by requesting the location
records of individuals directly from their wireless carriers instead of tracking the individuals
through stand-alone GPS devices installed on their vehicles. I was further concerned to learn
that in many cases, these agencies appear to be obtaining precise records of individuals' past and
current movements from carriers without first obtaining a warrant for this information. I think
that these actions may violate the spirit if not the letter of the Jones decision.
<br /><br />
I am writing to ask you about the Department of Justice's own practices in requesting
location information from wireless carriers. I am eager to learn about how frequently the
Department requests location information and what legal standard the Department believes it
must meet to obtain it. I would also like to know how the Department may have changed these
practices since the Jones decision.
</i></blockquote>
While I certainly appreciate this effort and line of inquiry -- I'm not sure that Jones really makes that much of a difference.  As we said when it came out, the Justices really danced around the larger issues, with an extremely narrow ruling, which left open the question of how it applied to GPS devices that weren't put on the cars by law enforcement.  That is, the ruling focused almost entirely on whether or not the <i>placing</i> of the device constituted a search -- not about the use of such a device.  Still, the government's actions need much greater scrutiny here, as there's an awful lot of evidence suggesting that law enforcement is using the power to get people's locations from their mobile phone providers at an incredible rate, and with little to no oversight.  I doubt that AG Holder will provide useful answers to this request, but it's still good that Senator Franken is asking.<br /><br /><a href="http://www.techdirt.com/articles/20120511/02592818875/senator-franken-questions-legality-doj-having-mobile-operators-reveal-where-people-are.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120511/02592818875/senator-franken-questions-legality-doj-having-mobile-operators-reveal-where-people-are.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120511/02592818875/senator-franken-questions-legality-doj-having-mobile-operators-reveal-where-people-are.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-ol'-4th-amendment-thing</slash:department>
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<pubDate>Fri, 30 Mar 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: Tracking Down Your Food</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20111017/17361316390/dailydirt-tracking-down-your-food.shtml</link>
<guid>http://www.techdirt.com/articles/20111017/17361316390/dailydirt-tracking-down-your-food.shtml</guid>
<description><![CDATA[ Poking through your fridge for a snack doesn't quite count as hunting for food. Not too many of us actually <a href="http://www.huffingtonpost.com/2011/05/26/mark-zuckerberg-killing-food_n_867675.html">kill what we eat</a> or farm fruits and vegetables, but there are a few online tools that'll help people see where they're food is coming from. Here are just a few examples of food-tracking projects that could bring some aspects of farming closer to home.
<ul>
<li> <a title="http://www.computerworld.com/s/article/9222740/IBM_tracks_pork_chops_from_pig_to_plate" href="http://bit.ly/wYyO6M">Keeping track of nearly every aspect of a pig's life and "afterlife" seems like a huge project, but the pork industry is starting to collect data on where your sausage and pork chops grew up.</a> Who needs to play Farmville when there'll be real-time systems keeping track of actual farm animals that you can eat in real life...? [<a href="http://www.computerworld.com/s/article/9222740/IBM_tracks_pork_chops_from_pig_to_plate">url</a>]</li>
<li> <a title="http://www.eatmedaily.com/2009/02/the-chicken-tracker-from-murrays-chicken/" href="http://bit.ly/xP0Xuq">Chicken trackers have been available for a few years now, allowing people to easily see where their poultry came from.</a> Stalking your chicken could make it more appetizing. [<a href="http://www.eatmedaily.com/2009/02/the-chicken-tracker-from-murrays-chicken/">url</a>]</li>
<li> <a title="http://m.smartplanet.com/blog/business-brains/usda-launches-online-tool-for-locating-8216food-deserts/16755" href="http://bit.ly/wGJbs7">The US Department of Agriculture has an online mapping tool for finding "food deserts" -- not desserts -- where there is limited availability of healthy foods.</a> This online map doesn't show where there isn't any pizza delivery service, but maybe it should so it gets more traffic. [<a href="http://m.smartplanet.com/blog/business-brains/usda-launches-online-tool-for-locating-8216food-deserts/16755">url</a>]</li>
<li><b>To discover more food-related links, <a title="http://www.stumbleupon.com/to/stumble/topic:102" href="http://bit.ly/iaJVJd">check out what's floating around in StumbleUpon.</a></b> [<a href="http://www.stumbleupon.com/to/stumble/topic:102">url</a>]  <a title="what's this?" href="#" class="whatsthis help_ddstumble">&nbsp;</a>
</li>
</ul> 

By the way, StumbleUpon can also recommend some good <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt</a> articles, too.<br /><br /><a href="http://www.techdirt.com/articles/20111017/17361316390/dailydirt-tracking-down-your-food.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111017/17361316390/dailydirt-tracking-down-your-food.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111017/17361316390/dailydirt-tracking-down-your-food.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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<item>
<pubDate>Fri, 9 Mar 2012 05:56:00 PST</pubDate>
<title>Loosening The Privacy Reins Isn't So Bad, But Where's The Payoff?</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120307/08451118012/loosening-privacy-reigns-isnt-so-bad-wheres-payoff.shtml</link>
<guid>http://www.techdirt.com/articles/20120307/08451118012/loosening-privacy-reigns-isnt-so-bad-wheres-payoff.shtml</guid>
<description><![CDATA[ <p>The Register recently published an interesting piece looking at the other, less-discussed side of the online privacy debate: what are users getting in return? Writer <a href="http://search.theregister.co.uk/?author=Matt%20Asay" target="_blank">Matt Asay</a> doesn't have a huge problem with ad networks tracking his behavior&mdash;or at least he wouldn't, if he was seeing <a href="http://www.theregister.co.uk/2012/03/02/online_advertising_and_privacy/" target="_blank">more of the useful, ultra-targeted ads he is supposed to get in return</a>:</p>

<blockquote><em>What grates on me is that for all the spying these companies do on my online behavior, they can't seem to serve me an ad for something I'd actually want to buy. Worse, they're terrible at delivering anything close to approximating a deal on the things I'd like to buy, even when I tell Google exactly what I want.
<br /><br />
What gives?
<br /><br />
For example, I ski a lot. And I spend a reasonable amount of time on Backcountry.com, Rossignol.com and other ski-related sites. Even the most rudimentary tracking technology should know that I'm interested in Rossignol skis (perhaps it would even know I bought two pairs of Rossignol skis this past year), yet when I type in "skis" into Google or even "Rossignol" into Google, the ads served up are for ... something completely different. Even the store that sold me my last pair of Rossignol skis &#8211; EVO &#8211; keeps trying to show me every kind of ski except Rossignol skis.
<br /><br />
... Come on, people: if you're going to track my online behavior, at least use it to get me to buy something I want!</em></blockquote>

<p>Asay feels that, based on his purchasing habits, advertisers should be able to figure out that he's loyal to Rossignol skis&mdash;but he could be encouraged to spend more money on them if he was targeted with ads for sale prices and other promotions. Instead, he's shown full-price retail listings for brands he's not interested in, pointing him to retailers he already knows about.</p>

<p>Now, in some ways this example is a little unfair, since it's only natural that companies are going to want to advertise to their competitors' customers, and not letting them do so would remove one of their biggest incentives for spending money on ads. But Asay still hits an important point: most targeted ads are <em>not that effective</em>. Online advertising as a whole already faces a public perception crisis in the form of privacy concerns, and they are never going to solve it if they don't put more emphasis on giving customers something in return for their privacy sacrifices.</p><br /><br /><a href="http://www.techdirt.com/articles/20120307/08451118012/loosening-privacy-reigns-isnt-so-bad-wheres-payoff.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120307/08451118012/loosening-privacy-reigns-isnt-so-bad-wheres-payoff.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120307/08451118012/loosening-privacy-reigns-isnt-so-bad-wheres-payoff.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>something-for-nothing</slash:department>
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<item>
<pubDate>Mon, 21 Nov 2011 04:49:19 PST</pubDate>
<title>Court Says Warrantless Mobile Phone Tracking Is Unconstitutional</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20111119/00431416839/court-says-warrantless-mobile-phone-tracking-is-unconstitutional.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20111119/00431416839/court-says-warrantless-mobile-phone-tracking-is-unconstitutional.shtml</guid>
<description><![CDATA[ In an amazingly short and to the point ruling (embedded below), a judge in a district court in Southern Texas, Lynn Hughes, ruled that letting the government <a href="http://blogs.wsj.com/digits/2011/11/16/judge-declares-law-governing-warrantless-cellphone-tracking-unconstitutional/" target="_blank">get mobile phone data without a warrant was unconstitutional</a>:
<blockquote><i>
When the government requests records from cellular services, data disclosing the location of the telephone at the time of particular calls may be acquired <b>only by a warrant issued on probable cause</b>.  U.S. Const., amend. 4.  The records show the date, time, called number, and location of the telephone when the call was made.  These data are constitutionally protected from this intrusion.  The standard under the Stored Communications Act, 18 U.S.C. &sect; 2703(d), is below that required by the Constitution.
</i></blockquote>
Of course, there are a number of cases out there that have ruled on similar issues... and come to different conclusions.  This is one of those issues that will continue to bounce around until the Supreme Court clarifies.  Still, there's something nice about seeing a court ruling of this nature, where the judge doesn't waste any time at all, and basically just says, "Hey, 4th Amendment!  Next!"<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20111119/00431416839/court-says-warrantless-mobile-phone-tracking-is-unconstitutional.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20111119/00431416839/court-says-warrantless-mobile-phone-tracking-is-unconstitutional.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20111119/00431416839/court-says-warrantless-mobile-phone-tracking-is-unconstitutional.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that-could-make-things-interesting</slash:department>
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<pubDate>Thu, 17 Nov 2011 20:10:00 PST</pubDate>
<title>For VPN Provider HideMyNet DMCA's ABC's Not As Easy As 123</title>
<dc:creator>Bas Grasmayer</dc:creator>
<link>http://www.techdirt.com/articles/20111108/08583316678/vpn-provider-hidemynet-dmcas-abcs-not-as-easy-as-123.shtml</link>
<guid>http://www.techdirt.com/articles/20111108/08583316678/vpn-provider-hidemynet-dmcas-abcs-not-as-easy-as-123.shtml</guid>
<description><![CDATA[ Besides circumventing censorship, one of VPN services' main functions is safeguarding users' privacy. To find out how far these services go to protect their customers' privacy, Torrentfreak <a href="https://torrentfreak.com/which-vpn-providers-really-take-anonymity-seriously-111007/">conducted a 2-question survey among VPN providers</a>, with mixed results.<br /><br />

As I was looking for a VPN provider myself and got tipped about HideMyNet, which is missing from Torrentfreak's overview, I decided to ask them the two questions myself: 

<blockquote style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 40px; border-width: initial; border-color: initial; border-style: none; padding: 0px"><i>Your service has been recommended to me multiple times, but before I start using your service, I have two questions.</i></blockquote><blockquote style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 40px; border-width: initial; border-color: initial; border-style: none; padding: 0px"><i><br /> 1. Do you keep ANY logs which would allow you or a 3rd party to match an IP address and a time stamp to a user of your service? If so, exactly what information do you hold?</i><i><br /><br /> 2. Under what jurisdictions does your company operate and under what exact circumstances will you share the information you hold with a 3rd party?</i></blockquote><br />
A few hours later I received their response:<blockquote style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 40px; border-width: initial; border-color: initial; border-style: none; padding: 0px"><p><i>&nbsp;1) Yes, any serious company would. I would be concerned about the quality of a company who did not. If no logs are kept it'd be impossible to respond to a DMCA complaint which puts the company liable for a 100,000$ fine. I highly doubt you're going to find any company willing to risk that sort of liability on a 5$/month vpn account. Good luck!</i></p> <p class="p1"><i>2) USA - Also, it's the jurisdiction of the server endpoint -- Not the company itself.</i>
</p></blockquote>

A baffling response which, besides being rude, also shows the company is completely clueless about the DMCA. We got in touch with a lawyer who's a DMCA expert who had the following to say:<br />
<br />
<blockquote style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 40px; border-width: initial; border-color: initial; border-style: none; padding: 0px"><i>"Sounds bogus to me. <a href="http://www.bitlaw.com/source/17usc/512.html">17 USC 512</a>(m) says the safe harbor is not conditioned on "monitoring the service." However, the service provider will be asked for evidence of its takedown practices, but the service provider only has to give what it's got. The $100k fine is made up too."</i></blockquote><br />
Classy, HideMyNet. Inventing a $100,000 fine to scare potential customers into using your service instead of a competitor's. Lesson learned: always make sure a service actually knows what it's talking about before handing over your money and beware of VPN providers that will sacrifice your privacy regardless of whether you are in violation of some country's copyright laws or not.<br /><br />
So what was it HideMyNet: simply unaware of the law? A case of untrained sales representatives being allowed to make up facts? Scared of the weight and money the entertainment industry's lobbies are throwing at suing the hell out of honest companies? Or do you have other motives to hide behind the DMCA?<br /><br /><a href="http://www.techdirt.com/articles/20111108/08583316678/vpn-provider-hidemynet-dmcas-abcs-not-as-easy-as-123.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111108/08583316678/vpn-provider-hidemynet-dmcas-abcs-not-as-easy-as-123.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111108/08583316678/vpn-provider-hidemynet-dmcas-abcs-not-as-easy-as-123.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>you-are-the-weakest-link-goodbye</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111108/08583316678</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 28 Sep 2011 22:59:00 PDT</pubDate>
<title>OnStar Drops Plan To Monitor Non-Subscribers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110928/02540116124/onstar-drops-plan-to-monitor-non-subscribers.shtml</link>
<guid>http://www.techdirt.com/articles/20110928/02540116124/onstar-drops-plan-to-monitor-non-subscribers.shtml</guid>
<description><![CDATA[ Given the widespread public <a href="http://www.techdirt.com/articles/20110922/03280216049/even-if-you-cancel-your-onstar-service-company-will-still-track-sell-your-location.shtml">backlash</a> over OnStar's plan to keep tracking people after they'd canceled their service -- and to potentially sell aggregate info to advertisers -- it appears that OnStar did what many people expected and <a href="http://www.forbes.com/sites/kashmirhill/2011/09/27/onstar-kills-its-terrible-plan-to-track-non-customers-driving-data/" target="_blank">backed away from the plan</a>.  It may have helped that a bunch of Senators had raised some questions about the legality of the move in the first place.  The new plan will leave tracking as an option, but only on an opt-in basis, rather than an opt-out basis.  As OnStar's President explained it, "We realize that our proposed amendments did not satisfy our subscribers."  That's PR-speak for "we totally screwed up."<br /><br /><a href="http://www.techdirt.com/articles/20110928/02540116124/onstar-drops-plan-to-monitor-non-subscribers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110928/02540116124/onstar-drops-plan-to-monitor-non-subscribers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110928/02540116124/onstar-drops-plan-to-monitor-non-subscribers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>recalculating...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110928/02540116124</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 27 Sep 2011 04:21:10 PDT</pubDate>
<title>Details Emerging On Stingray Technology, Allowing Feds To Locate People By Pretending To Be Cell Towers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110923/17251716080/details-emerging-stingray-technology-allowing-feds-to-locate-people-pretending-to-be-cell-towers.shtml</link>
<guid>http://www.techdirt.com/articles/20110923/17251716080/details-emerging-stingray-technology-allowing-feds-to-locate-people-pretending-to-be-cell-towers.shtml</guid>
<description><![CDATA[ More details are emerging on yet another secret program used by federal law enforcement to locate people using their mobile phones... but without obtaining warrants.  The WSJ has the scoop on what's generically referred to <a href="http://online.wsj.com/article/SB10001424053111904194604576583112723197574.html" target="_blank">as Stingray tracking devices</a> (even if the actual products go by a few names, and only some are actually called Stingrays).  They appear to be devices that mimic mobile phone towers.  The feds use them hoping to have the phones of people they're tracking connect to the device (instead of a real mobile phone tower), and then using signal strength to figure out how far away they are.  Do that a few times and you can triangulate someone's location, even if they're not making a call, and without having to ask the telcos for any location info (which, so far, they've been more than happy to turn over anyway).
<br /><br />
They apparently used this technology to arrest a guy named Daniel David Rigmaiden, but he's now causing some trouble.  That's because he's asking for the details of how he was found, and the court seems equally concerned that this was done outside of the bounds of the Fourth Amendment.  It won't surprise you to discover that law enforcement regularly uses such Stingrays without a warrant.  Apparently, the court is skeptical of the government's claim that it doesn't need a warrant to use such a device:
<blockquote><i>
In a February hearing, according to a transcript, Judge Campbell asked the prosecutor, "Were there warrants obtained in connection with the use of this device?"
<br /><br />
The prosecutor, Frederick A. Battista, said the government obtained a "court order that satisfied [the] language" in the federal law on warrants. The judge then asked how an order or warrant could have been obtained without telling the judge what technology was being used. Mr. Battista said: "It was a standard practice, your honor."
<br /><br />
Judge Campbell responded that it "can be litigated whether those orders were appropriate."
</i></blockquote>
Last week, the feds argued that they should not have to explain how they tracked Rigmaiden, because it would reveal too much information "since its public release could harm law enforcement efforts by compromising future use of the equipment."  So, we can't tell you if the tracking system we use violates the 4th Amendment, because, you know, you might stop us from using it.  Very compelling, but all too typical of law enforcement these days.  Hopefully the court rejects the argument.
<br /><br />
Later in the article, various law enforcement officials say that they can use the device since it only detects location, but doesn't eavesdrop.  That's pretty questionable.  The 4th Amendment doesn't make such a distinction.  In fact, reading the 4th Amendment:
<blockquote><i>
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
</i></blockquote>
It would seem that using such a device to locate a person in their house without a warrant seems to clearly violate the text of the Amendment.  Hopefully the court will agree.<br /><br /><a href="http://www.techdirt.com/articles/20110923/17251716080/details-emerging-stingray-technology-allowing-feds-to-locate-people-pretending-to-be-cell-towers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110923/17251716080/details-emerging-stingray-technology-allowing-feds-to-locate-people-pretending-to-be-cell-towers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110923/17251716080/details-emerging-stingray-technology-allowing-feds-to-locate-people-pretending-to-be-cell-towers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>without-warrants-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110923/17251716080</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 22 Sep 2011 10:40:00 PDT</pubDate>
<title>Even If You Cancel Your OnStar Service, The Company Will Still Track (And Sell) Your Location</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110922/03280216049/even-if-you-cancel-your-onstar-service-company-will-still-track-sell-your-location.shtml</link>
<guid>http://www.techdirt.com/articles/20110922/03280216049/even-if-you-cancel-your-onstar-service-company-will-still-track-sell-your-location.shtml</guid>
<description><![CDATA[ GM subsidiary OnStar is apparently alerting its customers that even if they decide to cancel their service in the future, <a href="http://www.wired.com/threatlevel/2011/09/onstar-tracks-you/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired%2Findex %28Wired%3A Index 3 %28Top Stories 2%29%29" target="_blank">OnStar will still track information about them</a> -- and, of course, potentially sell that data.
<blockquote><i>
&ldquo;What&rsquo;s changed [is that if] you want to cancel your OnStar service, we are going to maintain a two-way connection to your vehicle unless the customer says otherwise.&rdquo;
</i></blockquote>
OnStar is spinning this as a plan to make it "easier to re-enroll" as a customer, but it also seems to admit that there's demand out there for the data that OnStar collects, so it has plenty of incentive to get more such data, even from non-customers.  Of course, they don't even seem to acknowledge the creepiness factor of canceling a service, and then still having that service track your every move.<br /><br /><a href="http://www.techdirt.com/articles/20110922/03280216049/even-if-you-cancel-your-onstar-service-company-will-still-track-sell-your-location.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110922/03280216049/even-if-you-cancel-your-onstar-service-company-will-still-track-sell-your-location.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110922/03280216049/even-if-you-cancel-your-onstar-service-company-will-still-track-sell-your-location.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-nice-of-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110922/03280216049</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 1 Sep 2011 08:41:43 PDT</pubDate>
<title>Secretly Snapping Naked Pics Of The Woman Who Ended Up With A Stolen Laptop Might Just Be Illegal</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110831/03203715751/secretly-snapping-naked-pics-woman-who-ended-up-with-stolen-laptop-might-just-be-illegal.shtml</link>
<guid>http://www.techdirt.com/articles/20110831/03203715751/secretly-snapping-naked-pics-woman-who-ended-up-with-stolen-laptop-might-just-be-illegal.shtml</guid>
<description><![CDATA[ We've had a few stories recently about tracking software used to find stolen laptops. Some of the stories are about how <a href="http://www.techdirt.com/articles/20110513/01182814258/one-man-one-stolen-laptop-twitter-prey-purple-sarong-to-rescue.shtml">useful</a> that kind of software can be, while other stories show how that kind of technology can <a href="http://www.techdirt.com/articles/20100221/2118128243.shtml">be abused</a> to potentially violate someone's privacy.  The latter situation has resulted in <a href="http://www.wired.com/threatlevel/2011/08/absolute-sued-for-spying/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired27b %28Blog - 27B Stroke 6 %28Threat Level%29%29" target="_blank">a lawsuit against Absolute Software</a>, which makes Lojack for computers.
<br /><br />
Apparently a student at a school in Ohio had stolen a laptop, sold it to another student for $40, who then sold it to a regular substitute teacher at the school for $60.  It was that teacher -- a widow -- who used the computer to rekindle an old romance.  Somewhere along the line, the school district asked Absolute to track down its stolen laptop. Rather than just using tools to locate it, Absolute used the spying features that allowed it to see what was on the screen.  And apparently that included some sex chatting:
<blockquote><i>
According to court documents, in June 2008 Magnus began recording Clements-Jeffrey&rsquo;s keystrokes and monitoring her web surfing. At one point, while snooping on Clements-Jeffrey&rsquo;s webcam communications with her boyfriend, Magnus also captured three screenshots from her laptop monitor, which showed Clements-Jeffrey naked in the webcam images. In one picture, her legs were spread apart.
<br /><br />
Magnus subsequently sent the pictures and recorded communications, along with Clements-Jeffrey&rsquo;s name and contact information, to a police detective. When the police showed up at the plaintiff&rsquo;s apartment to collect the laptop, they were brandishing the explicit images Magnus had sent them. They then arrested and charged her for receiving stolen property. The charges, however, were dismissed about a week later.
</i></blockquote>
Yikes!  Susan Clements-Jeffrey and her boyfriend are now suing Absolute for violating her privacy.  The company claimed that there is no privacy issue because there's no privacy when it comes to stolen goods.  But, of course, the response is that she had no idea it was stolen, and certainly had no expectation that any such software was on the computer.  The judge in the case has refused Absolute's motion for summary judgment, meaning that the case will now move to a full trial (assuming no settlement).
<br /><br />
It certainly is a tricky question.  If the laptop really did belong to the school district, do they have the right to use software like that?  Perhaps, but there are certainly privacy questions here as well, combined with the fact that there were other, significantly less intrusive methods that probably would have revealed who had the computer.  But, at the very least, this should be a warning sign for anyone considering stripping naked in front of a used computer...<br /><br /><a href="http://www.techdirt.com/articles/20110831/03203715751/secretly-snapping-naked-pics-woman-who-ended-up-with-stolen-laptop-might-just-be-illegal.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110831/03203715751/secretly-snapping-naked-pics-woman-who-ended-up-with-stolen-laptop-might-just-be-illegal.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110831/03203715751/secretly-snapping-naked-pics-woman-who-ended-up-with-stolen-laptop-might-just-be-illegal.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>privacy-gets-tricky</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110831/03203715751</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 12 Aug 2011 13:53:39 PDT</pubDate>
<title>Shouldn't The Infringement Tracking System Used In New Six Strikes Program Be Open To Scrutiny?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110812/01233515486/shouldnt-infringement-tracking-system-used-new-six-strikes-program-be-open-to-scrutiny.shtml</link>
<guid>http://www.techdirt.com/articles/20110812/01233515486/shouldnt-infringement-tracking-system-used-new-six-strikes-program-be-open-to-scrutiny.shtml</guid>
<description><![CDATA[ With the entertainment industry and ISPs <a href="http://www.techdirt.com/articles/20110707/10173014998/major-us-isps-agree-to-five-strikes-plan-rather-than-three.shtml">agreeing</a> to a "voluntary" six strikes plan, which treats users as <a href="http://www.techdirt.com/articles/20110707/11335714999/get-accused-copyright-infringement-under-new-five-strikes-plan-itll-cost-you-to-challenge.shtml">guilty</a> until proven innocent and takes away <a href="http://www.techdirt.com/articles/20110711/01434715038/isps-five-strikes-plan-railroading-mpaariaa-style.shtml">completely valid defenses</a> (for example: that file is in the public domain <b>is not a valid defense</b>!), you would think that the very <i>least</i> the public could ask for is that the system used to make the accusations is open to scrutiny.
<br /><br />
But, of course, there was <a href="http://www.techdirt.com/articles/20110719/04260815164/shouldnt-users-have-been-table-six-strikes-negotiations.shtml">no one</a> representing the public at the negotiations, so instead, the monitoring system is shrouded in secrecy.  No one will speak about it on the record.  TorrentFreak has gotten off the record sources to confirm that <a href="http://torrentfreak.com/u-s-anti-piracy-police-kept-secret-from-the-public-110811/" target="_blank">it's going to be handled by DtecNet</a>, which means we should expect some problems with the accusations.  This is, after all, a company that <a href="http://www.techdirt.com/articles/20091028/1808416709.shtml">didn't even understand</a> how BitTorrent works, but put out a totally misleading report about it, which was so bad that the company eventually retracted it.
<br /><br />
Doesn't it seem highly questionable that no one involved in this plan is willing to discuss the monitoring technology publicly?  If they actually had faith that it <i>worked</i>, wouldn't they be showing it off?  The problem is they know it's not good.  They know it doesn't hold up to scrutiny.  They know there will be people falsely accused.  But they don't care.  As long as they think that they're holding on to some tiny bit of a business model that is pretty much dead... they can pretend that they're doing something smart.  And the public and our culture suffers as as result.<br /><br /><a href="http://www.techdirt.com/articles/20110812/01233515486/shouldnt-infringement-tracking-system-used-new-six-strikes-program-be-open-to-scrutiny.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110812/01233515486/shouldnt-infringement-tracking-system-used-new-six-strikes-program-be-open-to-scrutiny.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110812/01233515486/shouldnt-infringement-tracking-system-used-new-six-strikes-program-be-open-to-scrutiny.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nope.-it's-hidden</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110812/01233515486</wfw:commentRss>
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<item>
<pubDate>Fri, 8 Jul 2011 18:42:25 PDT</pubDate>
<title>NJ Judge Says Using GPS To Track Spouse Is Not An Invasion Of Privacy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110708/13504915022/nj-judge-says-using-gps-to-track-spouse-is-not-invasion-privacy.shtml</link>
<guid>http://www.techdirt.com/articles/20110708/13504915022/nj-judge-says-using-gps-to-track-spouse-is-not-invasion-privacy.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=dannyb">DannyB</a> was the first of a few of you to send in this story about a NJ court ruling that said a wife putting a GPS device in her husband's car, in order to help investigators she had hired to tell her if he was cheating on her, <a href="http://www.nj.com/news/index.ssf/2011/07/judge_rules_use_of_gps_to_trac.html" target="_blank">was not an invasion of his privacy</a>.
<blockquote><i>
&ldquo;There is no direct evidence in this record to establish that during the approximately 40 days the GPS was in the ... glove compartment the device captured a movement of plaintiff into a secluded location that was not in public view, and, if so, that such information was passed along by Mrs. Villanova to (Leonard),&rdquo;
</i></blockquote>
Venkat Balasubramani has <a href="http://blog.ericgoldman.org/archives/2011/07/nj_appeals_cour.htm" target="_blank">an excellent analysis of the ruling</a> and notes some of the oddities in it.  The one that struck me in particular was the fact that the court didn't seem to pay much attention to the fact that the car was jointly owned by the couple, which you would think would lend even more credence to the idea that she had the right to put a GPS device on the car:
<blockquote><i>
There was an interesting fact that didn't receive as much as attention as I thought it should: the car was jointly owned. I'm surprised the court did not discuss the fact that since the wife owned the car, she could have argued that she had the right to track its movements. (On a related note, the plaintiff, who was a police office, tried to argue that he used the car for law enforcement purposes once in awhile, but the court is extremely skeptical of this argument.) Another fact that the court did not focus on directly is whether the result would have been different if the investigative firm (rather than the wife) was the one who did the GPS tracking....
<br /><br />
It was also interesting that despite using a "reasonable expectation of privacy" standard, the court does not discuss the diminished expectation of privacy for the husband vis a vis his wife . . . who is trying to investigate him for having an affair. I'm not suggesting that spouses waive their privacy rights with respect to one another, but if you're having an affair, is it not reasonable to expect that your spouse may be checking up on you?
</i></blockquote>
I'll admit that I'm not nearly as troubled as I am by similar stories involving police putting GPS devices on cars.  In these types of cases, there do seem to be plenty of additional reasons why such GPS tracking is not nearly as egregious.  I'm sure putting a tracking device on your spouse (or in their vehicles) may serve as a perfectly good reason for a divorce, but as a legal matter?  Seems like a stretch.<br /><br /><a href="http://www.techdirt.com/articles/20110708/13504915022/nj-judge-says-using-gps-to-track-spouse-is-not-invasion-privacy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110708/13504915022/nj-judge-says-using-gps-to-track-spouse-is-not-invasion-privacy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110708/13504915022/nj-judge-says-using-gps-to-track-spouse-is-not-invasion-privacy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>expectation-of-privacy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110708/13504915022</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 17 Jun 2011 01:04:42 PDT</pubDate>
<title>China Accused Of Putting Recording Devices In All Dual-Plate Hong Kong/China Cars</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110614/00314814680/china-accused-putting-recording-devices-all-dual-plate-hong-kongchina-cars.shtml</link>
<guid>http://www.techdirt.com/articles/20110614/00314814680/china-accused-putting-recording-devices-all-dual-plate-hong-kongchina-cars.shtml</guid>
<description><![CDATA[ There's a fascinating report, via <a href="http://yro.slashdot.org/story/11/06/14/0233254/Chinese-Spying-Devices-Installed-On-Hong-Kong-Cars?utm_source=slashdot&#038;utm_medium=twitter">Slashdot</a>, claiming that China has been <a href="http://www.theepochtimes.com/n2/china/chinese-spying-devices-installed-on-hong-kong-cars-57587.html" target="_blank">installing spying devices on all "dual-plate" Chinese-Hong Kong cars</a> for about four years now.  Officially an electronic border card, some researchers opened the box and found electronics for recording and transmitting audio.  Not surprisingly, this has enabled border patrol officials to be much more effective in figuring out which cars to search:
<blockquote><i>
Smugglers were the first to note something strange about the devices. A source told Apple Daily that after the cards were installed mainland authorities had no trouble picking off the cars carrying illicit goods.
<br /><br />
&ldquo;For every ten cars we ran we only had [smuggled goods] in three or four to reduce the risk, but the border agents caught all of them. The accuracy was unreal!&rdquo; Apple Daily quoted the smuggler saying.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20110614/00314814680/china-accused-putting-recording-devices-all-dual-plate-hong-kongchina-cars.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110614/00314814680/china-accused-putting-recording-devices-all-dual-plate-hong-kongchina-cars.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110614/00314814680/china-accused-putting-recording-devices-all-dual-plate-hong-kongchina-cars.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>taking-spying-to-a-new-level</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110614/00314814680</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 15 Jun 2011 18:58:00 PDT</pubDate>
<title>Official Geolocation Privacy Bill Introduced: Say No To Unauthorized GPS Tracking</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110615/14471114709/official-geolocation-privacy-bill-introduced-say-no-to-unauthorized-gps-tracking.shtml</link>
<guid>http://www.techdirt.com/articles/20110615/14471114709/official-geolocation-privacy-bill-introduced-say-no-to-unauthorized-gps-tracking.shtml</guid>
<description><![CDATA[ Last week, we wrote about the plan by Senator Ron Wyden and Rep. Jason Chaffetz to simultaneously introduce bills in both houses of Congress to <a href="http://www.techdirt.com/articles/20110607/22214514605/new-bill-introduced-to-outlaw-gps-tracking-without-consent.shtml">outlaw</a> location tracking without consent.  Those bills <a href="http://wyden.senate.gov/issues/issue/?id=b29a3450-f722-4571-96f0-83c8ededc332" target="_blank">have now been officially introduced</a>.  The bill is mainly targeted at law enforcement officials who feel they can put GPS devices on cars without first getting a warrant (and the many courts that have backed them up on this).  It appears that if this bill becomes law, law enforcement will have to (gasp!) actually get warrants to do GPS tracking.  
<br /><br />
The bill also does focus on private collection of geolocation data -- and I had initially been a bit worried about that, since there are many cases where that might be reasonable (work related, or when someone purposely allows such info sharing, via services like Google Latitude).  However, it looks like the bill has put exceptions in place for such situations.  I'm not sure I understand the wisdom of a blanket statement and then exceptions, rather than specifically carving out what's banned, but perhaps it makes sense.  Others have pointed out that it would be nice if the bill included <a href="https://twitter.com/#!/csoghoian/status/81023334296461312" target="_blank">reporting on stats</a> concerning how often the government accesses geolocation data, and I agree that would be useful.  One reason why people don't think too much about this is they don't realize how frequently the government uses the power to get location data.<br /><br /><a href="http://www.techdirt.com/articles/20110615/14471114709/official-geolocation-privacy-bill-introduced-say-no-to-unauthorized-gps-tracking.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110615/14471114709/official-geolocation-privacy-bill-introduced-say-no-to-unauthorized-gps-tracking.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110615/14471114709/official-geolocation-privacy-bill-introduced-say-no-to-unauthorized-gps-tracking.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-track-me,-bro</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110615/14471114709</wfw:commentRss>
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<item>
<pubDate>Wed, 8 Jun 2011 06:09:00 PDT</pubDate>
<title>New Bill Introduced To Outlaw GPS Tracking Without Consent</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110607/22214514605/new-bill-introduced-to-outlaw-gps-tracking-without-consent.shtml</link>
<guid>http://www.techdirt.com/articles/20110607/22214514605/new-bill-introduced-to-outlaw-gps-tracking-without-consent.shtml</guid>
<description><![CDATA[ We've been noting, over the past few years, the growing number of lawsuits involving the legality of law enforcement tracking people's movements with GPS devices.  There are some mixed and contradictory rulings, which means it'll all likely hit the Supreme Court at some point, but a new bill in the Senate from Ron Wyden and in the House from Rep. Jason Chaffetz apparently seeks to do an end-run around all of that and have Congress clarify the law by saying <a href="http://thehill.com/blogs/hillicon-valley/technology/165213-gps-act-would-make-it-illegal-to-track-users-without-their-consent" target="_blank">it's illegal to track that kind of data without a warrant</a>.  The bill using yet another "cute" acronym is the "Geolocational Privacy and Surveillance Act" -- or the GPS Act.  Get it?
<br><br>
I do wonder if some of the prohibitions on "intercepting" such information go too far -- though there is a "normal course of business" exception in the law.  The key focus of the bill really seems on law enforcement, and requiring them to take the not-at-all-onerous step of first getting a warrant.  This is eminently reasonable, but you can bet that law enforcement is going to go ballistic about how this bill will "harm" investigations and put people at risk.  Get ready for the fear mongering... <b>Update</b>: The bill is to be introduced next week, and there may be some changes from the current draft I was basing this on...<br /><br /><a href="http://www.techdirt.com/articles/20110607/22214514605/new-bill-introduced-to-outlaw-gps-tracking-without-consent.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110607/22214514605/new-bill-introduced-to-outlaw-gps-tracking-without-consent.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110607/22214514605/new-bill-introduced-to-outlaw-gps-tracking-without-consent.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-big-brother</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110607/22214514605</wfw:commentRss>
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<item>
<pubDate>Wed, 11 May 2011 05:42:03 PDT</pubDate>
<title>DOJ Uses Congressional Hearings About Protecting Mobile Privacy To Suggest Mobile Users Deserve Less Privacy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110511/02023814238/doj-uses-congressional-hearings-about-protecting-mobile-privacy-to-suggest-mobile-users-deserve-less-privacy.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110511/02023814238/doj-uses-congressional-hearings-about-protecting-mobile-privacy-to-suggest-mobile-users-deserve-less-privacy.shtml</guid>
<description><![CDATA[ With all the reports lately about mobile devices tracking people's whereabouts, Congress (of course) sprung into action to hold <strike>grandstanding sessions</strike> hearings about protecting privacy on mobile devices.  The official title of <a href="http://judiciary.senate.gov/hearings/hearing.cfm?id=5157" target="_blank">the hearing</a> was: "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy."  So, it would be natural to expect that most people would talk about protecting privacy on mobile devices.  However, one participant went in the opposite direction.  Jason Weinstein, the deputy assistant attorney general for the criminal division, decided that the answer to protecting mobile privacy was to <a href="http://news.cnet.com/8301-31921_3-20061472-281.html" target="_blank">make sure there's less mobile privacy</a>... as far as government snoops are concerned.
<br><Br>
That is, he used the hearings to suggest a new Justice Department proposal that would require mobile phone operators to collect even more data from their customers than they do already.   Yeah, this seems to be the exact opposite of the point of this particular discussion.  Of course,  our own Derek Kerton has been making <A href="http://www.techdirt.com/blog/wireless/articles/20110429/03035714081/as-people-realize-that-theres-tons-mobile-phone-tracking-data-out-there-fingers-start-pointing.shtml#c211">this point</a> repeatedly in our comments in the various discussions about Apple and Google tracking locations... and the government grandstanding about it: the government <i>requires</i> that mobile operators track much of this data.  And what Weinstein was pitching was that they should track even more of it.
<br><br>
Of course, Weinstein uses the same old excuse for why everyone should have less privacy -- to make his job easier:
<blockquote><i>
Weinstein said, "when this information is not stored, it may be impossible for law enforcement to collect essential evidence.... Many wireless providers do not retain records that would enable law enforcement to identify a suspect's smartphone based on the IP addresses collected by Web sites that the suspect visited."
</i></blockquote>
But, of course, that totally misses the point.  We have protections <i>from</i> government for a reason.  There is no right for law enforcement's job to be easy.  In fact, the rights go in the other direction.  Individuals have a right of privacy from the government because we, as a society, supposedly decided that such rights were more important than an all-powerful government.  That's what we thought the 4th Amendment was about, but I understand that's been excised from the document lately...<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110511/02023814238/doj-uses-congressional-hearings-about-protecting-mobile-privacy-to-suggest-mobile-users-deserve-less-privacy.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110511/02023814238/doj-uses-congressional-hearings-about-protecting-mobile-privacy-to-suggest-mobile-users-deserve-less-privacy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110511/02023814238/doj-uses-congressional-hearings-about-protecting-mobile-privacy-to-suggest-mobile-users-deserve-less-privacy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>we-want-to-track-you</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110511/02023814238</wfw:commentRss>
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<item>
<pubDate>Fri, 29 Apr 2011 16:06:07 PDT</pubDate>
<title>Verizon Wireless' Solution To Tracking Fears: A Warning Sticker You'll Ignore</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110429/03074414082/verizon-wireless-solution-to-tracking-fears-warning-sticker-youll-ignore.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110429/03074414082/verizon-wireless-solution-to-tracking-fears-warning-sticker-youll-ignore.shtml</guid>
<description><![CDATA[ With the new questions being raised about how much tracking data is being recorded (and potentially sent to others) from your mobile phone, Verizon Wireless has come up with a solution that allows it to wipe its hands of the problem:  <a href="http://blogs.forbes.com/kashmirhill/2011/04/28/verizon-plans-to-put-location-tracking-warning-sticker-on-phones/" target="_blank">warning labels</a>.  Yes, the ever-popular liability minimizing trick of affixing a warning label has made its way into this debate:
<center>
<img src="http://i.imgur.com/zDT3p.jpg" />
</center>
I'm sure that will settle everyone's concerns.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110429/03074414082/verizon-wireless-solution-to-tracking-fears-warning-sticker-youll-ignore.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110429/03074414082/verizon-wireless-solution-to-tracking-fears-warning-sticker-youll-ignore.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110429/03074414082/verizon-wireless-solution-to-tracking-fears-warning-sticker-youll-ignore.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-we're-doing-something!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110429/03074414082</wfw:commentRss>
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<pubDate>Fri, 29 Apr 2011 14:25:00 PDT</pubDate>
<title>As People Realize That There's Tons Of Mobile Phone Tracking Data Out There, Fingers Start Pointing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110429/03035714081/as-people-realize-that-theres-tons-mobile-phone-tracking-data-out-there-fingers-start-pointing.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110429/03035714081/as-people-realize-that-theres-tons-mobile-phone-tracking-data-out-there-fingers-start-pointing.shtml</guid>
<description><![CDATA[ While there's been plenty of concern in the past couple weeks about Apple's iPhone/iPad location data, followed by Google's Android location data, plenty of people pointed out from the beginning that what both companies have done completely pales in comparison to the sort of data that mobile phone operators regularly collect on you.  Even as lawsuits have been filed against both Apple and Google, few of the people who are really upset about those two companies seem to recognize that what the operators have is much, much more complete.  The mobile operators, apparently fearing that people may start to realize this, have become a bit proactive and <a href="http://www.politico.com/news/stories/0411/53888.html" target="_blank">are trying to convince everyone that the <i>real</i> problems are elsewhere</a> -- specifically with apps on phones, not with the service providers.  You see, don't worry about all the data <i>we</i> collect.  Just look at what those apps are doing:
<blockquote><i>
AT&#038;T noted it &ldquo;plays no role&rdquo; in what kind of information smartphone apps collect, while T-Mobile pointed out the ways in which that data can be used.
<br /><br />
Sprint lamented &ldquo;consumers no longer can look to their trusted carrier with whom they have a trusted relationship to answer all of their questions,&rdquo; particularly on privacy.
<br /><br />
And Verizon Wireless called out smartphone app makers directly on the issue, stressing &ldquo;location-based applications and services (whether provided by us or third parties such as Google) should give customers clear and transparent notice&rdquo; and control.
</i></blockquote>
This was in response to questions from Congressional Reps. Ed Markey and Joe Barton, leading all of the operators to also admit that they collect such data as well, but really, apps.  Apps are a bigger issue.  Just focus on the apps.  Really.  Apps.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110429/03035714081/as-people-realize-that-theres-tons-mobile-phone-tracking-data-out-there-fingers-start-pointing.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110429/03035714081/as-people-realize-that-theres-tons-mobile-phone-tracking-data-out-there-fingers-start-pointing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110429/03035714081/as-people-realize-that-theres-tons-mobile-phone-tracking-data-out-there-fingers-start-pointing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-blame-us,-blame-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110429/03035714081</wfw:commentRss>
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<pubDate>Thu, 28 Apr 2011 15:31:46 PDT</pubDate>
<title>TomTom Apologizes For Selling Speeding Data To Dutch Government</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110428/01471414064/tomtom-apologizes-selling-speeding-data-to-dutch-government.shtml</link>
<guid>http://www.techdirt.com/articles/20110428/01471414064/tomtom-apologizes-selling-speeding-data-to-dutch-government.shtml</guid>
<description><![CDATA[ TomTom, the troubled GPS navigation device maker, was forced to quickly apologize after news reports came out about how the company <a href="http://latimesblogs.latimes.com/technology/2011/04/tom-tom-gps-tracking.html" target="_blank">had sold aggregate data on driving habits</a> it collected from the devices to the Dutch government, who then used that data to figure out where to set up speed traps and speed cameras.  TomTom claims they thought the data would just be used for improving traffic safety, not for speed traps (though, I would imagine that some would claim that speed traps are a way to improve traffic safety).  TomTom's CEO Harold Goddijn didn't exactly come off as convincing in saying:
<blockquote><i>
"We don't like that because our customers don't like it... We will prevent that type of usage of our data in the future."
</i></blockquote>
Of course, they could just not like it because it's intrusive.  Then they might have thought about it before selling the data.  And it's not clear how they can sell the data and only make sure that it's used for one purpose and not others.<br /><br /><a href="http://www.techdirt.com/articles/20110428/01471414064/tomtom-apologizes-selling-speeding-data-to-dutch-government.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110428/01471414064/tomtom-apologizes-selling-speeding-data-to-dutch-government.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110428/01471414064/tomtom-apologizes-selling-speeding-data-to-dutch-government.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>privacy?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110428/01471414064</wfw:commentRss>
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<pubDate>Wed, 27 Apr 2011 15:14:12 PDT</pubDate>
<title>Apple Takes Credit For 'Uncovering' Its Patented Location 'Bug' That Isn't Really Tracking You, But Which It'll Fix</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110427/10582914057/apple-takes-credit-uncovering-its-patented-location-bug-that-isnt-really-tracking-you-which-itll-fix.shtml</link>
<guid>http://www.techdirt.com/articles/20110427/10582914057/apple-takes-credit-uncovering-its-patented-location-bug-that-isnt-really-tracking-you-which-itll-fix.shtml</guid>
<description><![CDATA[ Apple and Steve Jobs are semi-famous for the "reality distortion field" that sometimes comes with Apple product announcements.  But can it do the same when it screws up.  It took a week after the kerfuffle last week concerning iPhones and iPads <a href="http://www.techdirt.com/articles/20110420/11505713976/iphone-ipad-recording-your-every-move.shtml">storing your location</a> for Apple to <a href="http://news.cnet.com/8301-30686_3-20057815-266.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20&#038;dlvrit=142337" target="_blank">finally respond</a>, and <a href="http://www.apple.com/pr/library/2011/04/27location_qa.html" target="_blank">the full response</a> is an amusing study in corporate doublespeak.
<br /><br />
As far as I can tell, Apple's key points are:
<ol>
<li><b>Apple</b> (not researchers, or tons of other people who have noted this "bug" for a year or so) "discovered" a bug with location data on the phone:
<blockquote><i>
The reason the iPhone stores so much data is <b>a bug we uncovered</b> and plan to fix shortly
</i></blockquote>
</li><li>There's no tracking going on.  There's nothing to see here.
<blockquote><i>
Apple is not tracking the location of your iPhone. Apple has never done so and has no plans to ever do so. 
</i></blockquote>

</li><li>Even though there's no tracking and nothing to see here, it's still a bug which will be fixed.
</li><li>The reason people are concerned about this is because people are confused.
</li></ol>
Got that?  People are confused and there's nothing to see here, but <i>Apple</i> has discovered a minor bug which will be fixed.
<br /><br />
Oh, and did we mention that Apple has also <a href="http://blogs.forbes.com/kashmirhill/2011/04/27/apple-filed-a-patent-application-in-2009-for-what-its-now-calling-a-bug/" target="_blank">applied for a patent</a> on this particular "bug"?<br /><br /><a href="http://www.techdirt.com/articles/20110427/10582914057/apple-takes-credit-uncovering-its-patented-location-bug-that-isnt-really-tracking-you-which-itll-fix.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110427/10582914057/apple-takes-credit-uncovering-its-patented-location-bug-that-isnt-really-tracking-you-which-itll-fix.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110427/10582914057/apple-takes-credit-uncovering-its-patented-location-bug-that-isnt-really-tracking-you-which-itll-fix.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>reality-distortion</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110427/10582914057</wfw:commentRss>
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<pubDate>Wed, 20 Apr 2011 12:38:55 PDT</pubDate>
<title>iPhone &#038; iPad Recording Your Every Move</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110420/11505713976/iphone-ipad-recording-your-every-move.shtml</link>
<guid>http://www.techdirt.com/articles/20110420/11505713976/iphone-ipad-recording-your-every-move.shtml</guid>
<description><![CDATA[ Just a few weeks ago, we posted about a German politician, who was able to access all of his location data from his mobile phone service provider and allowed a German newspaper to create an <a href="http://www.techdirt.com/blog/wireless/articles/20110329/01382613668/replay-six-months-german-politicians-life-thanks-to-his-mobile-phone-data.shtml">interactive map displaying where he was at all times</a> (and combining it with other public info).  It seemed pretty creepy.  Now, if you have an iPhone or an iPad, it turns out that you can do the exact same thing for yourself.  As a bunch of folks are pointing out, some folks, digging through some information on Apple's devices, have discovered that <a href="http://www.bbc.co.uk/news/technology-13145562?utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">it's been recording your location for the past 10 months</a>, and they've created an (open source) program to let you <a href="http://petewarden.github.com/iPhoneTracker/" target="_blank">easily create a map</a> of your own whereabouts.  That's even more creepy (especially for those who own such a device).  It's not clear <i>why</i> Apple's devices were storing this data or if anything was being done with it, but it does seem a bit unnerving.
<center>
<iframe src="http://player.vimeo.com/video/22610355?title=0&#038;byline=0&#038;portrait=0" width="400" height="300" frameborder="0"></iframe><p><a href="http://vimeo.com/22610355">Washington DC to New York</a> from <a href="http://vimeo.com/aallan">Alasdair Allan</a> on <a href="http://vimeo.com">Vimeo</a>.</p>
</center><br /><br /><a href="http://www.techdirt.com/articles/20110420/11505713976/iphone-ipad-recording-your-every-move.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110420/11505713976/iphone-ipad-recording-your-every-move.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110420/11505713976/iphone-ipad-recording-your-every-move.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>big-apple</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110420/11505713976</wfw:commentRss>
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<pubDate>Fri, 4 Mar 2011 13:46:56 PST</pubDate>
<title>Student Who Found GPS Device On His Car Due To Reddit Comment Sues The FBI</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110304/10254213366/student-who-found-gps-device-his-car-due-to-reddit-comment-sues-fbi.shtml</link>
<guid>http://www.techdirt.com/articles/20110304/10254213366/student-who-found-gps-device-his-car-due-to-reddit-comment-sues-fbi.shtml</guid>
<description><![CDATA[ Last fall, we wrote about the bizarre situation of Yasir Afifi, a student here in California who <A href="http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml">discovered a GPS tracking device on his car</a> during an oil change, and then posted photos of the device on Reddit.  Following that, the FBI showed up at his house demanding the tracking device back.  It later turned out that the key reason behind tracking him was a <a href="http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml">random comment on Reddit</a> that -- if read in context -- did not represent any kind of threat or warning that should have resulted in FBI surveillance.  But, of course, since there's almost no oversight on who the FBI gets to spy on, it didn't care and just started tracking Afifi.
<br><br>
Afifi has now <a href="http://news.yahoo.com/s/ap/20110303/ap_on_re_us/us_gps_tracking_warrants" target="_blank">sued the government over the tracking action</a>, claiming that it was a violation of his civil rights.  There are some differences of opinion in the courts over whether or not the government needs a warrant to place GPS devices on cars, which provides some background for this case.  There's a bit of a circuit split on that right now, with the government (obviously) insisting that <a href="http://www.techdirt.com/articles/20100922/04064711109/justice-department-insists-it-should-be-able-to-secretly-stick-gps-devices-on-cars-without-warrants.shtml">no warrant is needed</a>.  Part of the goal of this lawsuit appears to be to get another ruling on this issue to push it forward.  Given the history on this subject, I would guess that Afifi will likely lose the lawsuit, but the possibility that it actually does go in his favor makes the case worth paying attention to.<br /><br /><a href="http://www.techdirt.com/articles/20110304/10254213366/student-who-found-gps-device-his-car-due-to-reddit-comment-sues-fbi.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110304/10254213366/student-who-found-gps-device-his-car-due-to-reddit-comment-sues-fbi.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110304/10254213366/student-who-found-gps-device-his-car-due-to-reddit-comment-sues-fbi.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-mess-with-reddit</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110304/10254213366</wfw:commentRss>
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<item>
<pubDate>Thu, 14 Oct 2010 14:39:02 PDT</pubDate>
<title>How Is It That A Random Comment On Reddit Leads To Your Friend Getting Tracked By The FBI?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml</link>
<guid>http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml</guid>
<description><![CDATA[ Last week, we wrote about the guy who <a href="http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml">found an FBI tracking device on his car</a>.  His friend then posted the pics to Reddit, leading the FBI to show up at the original guy's house, demanding the tracking device back.  One odd part of the story is that in the discussion that ensued, the law enforcement agents showed the guy a post his friend (the one on Reddit) had made.  This is how Wired described that part of the story:
<blockquote><i>
Afifi retrieved the device from his apartment and handed it over, at which point the agents asked a series of questions -- did he know anyone who traveled to Yemen or was affiliated with overseas training? One of the agents produced a printout of a blog post that Afifi's friend Khaled allegedly wrote a couple of months ago. It had "something to do with a mall or a bomb," Afifi said. He hadn't seen it before and doesn't know the details of what it said. He found it hard to believe Khaled meant anything threatening by the post.
<br /><br />
"He's a smart kid and is not affiliated with anything extreme and never says anything stupid like that," Afifi said. "I've known that guy my whole life."
</i></blockquote>
Someone in our comments quickly <a href="http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml#c284">pointed out</a> that the "blog post" in question was actually a <a href="http://www.reddit.com/r/AskReddit/comments/ciiag/so_if_my_deodorant_could_be_a_bomb_why_are_you/c0sve5q" target="_blank">comment on Reddit</a> that was in response to a discussion about silly security procedures, and the entire comment reads:
<blockquote><i>
bombing a mall seems so easy to do. i mean all you really need is a bomb, a regular outfit so you arent the crazy guy in a trench coat trying to blow up a mall and a shopping bag. i mean if terrorism were actually a legitimate threat, think about how many fucking malls would have blown up already.. you can put a bag in a million different places, there would be no way to foresee the next target, and really no way to prevent it unless CTU gets some intel at the last minute in which case every city but LA is fucked...so...yea...now i'm surely bugged : /
</i></blockquote>
I'm having trouble seeing how <i>anyone</i> could read that and think there's anything suspicious at all about it.  But, as <a href="http://www.schneier.com/blog/archives/2010/10/the_fbi_is_trac.html" target="_blank">Bruce Schneier notes</a>, what's really bizarre is how that comment doesn't just lead to the guy being tracked, but <i>his friend</i> having his movements tracked.
<blockquote><i>
If they're doing this to someone so tangentially connected to a vaguely bothersome post on an obscure blog, just how many of us have tracking devices on our cars right now -- perhaps because of this blog?
</i></blockquote>
Schneier also wonders how many people are combing through the depths of sites like Reddit to totally misread comments out of context, and then using them to start surveilling someone's whereabouts.<br /><br /><a href="http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101013/14344011415/how-is-it-that-a-random-comment-on-reddit-leads-to-your-friend-getting-tracked-by-the-fbi.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-doesn't-seem-right</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101013/14344011415</wfw:commentRss>
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<pubDate>Mon, 11 Oct 2010 07:35:49 PDT</pubDate>
<title>US Offender Monitoring System Goes Offline Because Someone Didn't Realize They Ran Out Of Storage</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101011/00224411355/us-offender-monitoring-system-goes-offline-because-someone-didn-t-realize-they-ran-out-of-storage.shtml</link>
<guid>http://www.techdirt.com/articles/20101011/00224411355/us-offender-monitoring-system-goes-offline-because-someone-didn-t-realize-they-ran-out-of-storage.shtml</guid>
<description><![CDATA[ Apparently the system that tracks sex offenders and paroled prisoners and other convicts via electronic tags was <a href="http://www.bbc.co.uk/news/world-us-canada-11491937" target="_blank">totally unreachable for about 12 hours last week</a>, because no one at the company who ran the system, BI, apparently noticed that they had run out of space on their servers.  "In retrospect, we should have been able to catch this," claimed a spokesperson for the company.  You think?  While the data as to their whereabouts was still collected, and the people being tracked were unaware of the lack of monitoring while it was happening, it still makes you wonder why so many governments trust such a system to a company that can't even monitor when they're running out of data storage space.<br /><br /><a href="http://www.techdirt.com/articles/20101011/00224411355/us-offender-monitoring-system-goes-offline-because-someone-didn-t-realize-they-ran-out-of-storage.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101011/00224411355/us-offender-monitoring-system-goes-offline-because-someone-didn-t-realize-they-ran-out-of-storage.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101011/00224411355/us-offender-monitoring-system-goes-offline-because-someone-didn-t-realize-they-ran-out-of-storage.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>are-you-serious?</slash:department>
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<pubDate>Fri, 8 Oct 2010 10:40:00 PDT</pubDate>
<title>Guy Finds FBI Tracking Device On Car, Posts Pics Online... FBI Shows Up Demanding It Back</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml</link>
<guid>http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml</guid>
<description><![CDATA[ Just a couple weeks ago, we had written about a federal lawsuit concerning whether or not the Justice Department <a href="http://www.techdirt.com/articles/20100922/04064711109/justice-department-insists-it-should-be-able-to-secretly-stick-gps-devices-on-cars-without-warrants.shtml" target="_blank">needs a warrant</a> to put a tracking device on cars.  In a very prescient manner, a bunch of our commenters started discussing what would happen if they found such a device on their car, and whether or not it would be legal to remove it.  Well, now we have a case of exactly that happening.
<br /><br />
Apparently a guy named Yasir Afifi, who lives in Silicon Valley, discovered a strange device on his car, when he took it in for an oil change.  The friend he was with, took some photos and <a href="http://www.reddit.com/r/reddit.com/comments/dmh5s/does_this_mean_the_fbi_is_after_us/" target="_blank">posted them to Reddit</a>, asking if it meant the FBI was after them... or if it was a bomb:
<center>
<a href="http://www.flickr.com/photos/floorsixtyfour/5061541111/" title="OM6nE by floorsixtyfour, on Flickr"><img src="http://farm5.static.flickr.com/4127/5061541111_54e0eb8c7c.jpg" width="500" height="374" /></a>
</center>
Lots of people in the thread quickly confirmed that it was a tracking device, made by a company who only sold to law enforcement.  Then, to confirm things, a couple of days later, <a href="http://www.wired.com/threatlevel/2010/10/fbi-tracking-device/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A wired27b %28Blog - 27B Stroke 6 %28Threat Level%29%29" target="_blank">the FBI showed up to demand he return the device</a>.  Wired has a cinematic description of the encounter:
<blockquote><i>
Afifi considered selling the device on Craigslist before the FBI showed up. He was in his apartment Tuesday afternoon when a roommate told him "two sneaky-looking people" were near his car. Afifi, already heading out for an appointment, encountered a man and woman looking his vehicle outside. The man asked if Afifi knew his registration tag was expired. When Afifi asked if it bothered him, the man just smiled. Afifi got into his car and headed for the parking lot exit when two SUVs pulled up with flashing lights carrying four police officers in bullet-proof vests.
<br /><br />
The agent who initially spoke with Afifi identified himself then as Vincent and told Afifi, "We're here to recover the device you found on your vehicle. It's federal property. It's an expensive piece, and we need it right now."
<br /><br />
Afifi asked, "Are you the guys that put it there?" and the agent replied, "Yeah, I put it there." He told Afifi, "We're going to make this much more difficult for you if you don't cooperate."
</i></blockquote>
The full story is a lot longer, and a fascinating read, so head over to that link to check it out.  It also suggests some of the reasons why the FBI might be watching Afifi -- who says he already knows he's on the federal watchlist -- as well as concerns from the ACLU over the whole thing.  Wired also spoke to an ex-FBI agent who thought that the FBI almost certainly would have gotten a warrant to install the device (though, given all the lawsuits, it seems they don't always do so...) and who also pointed out that this particular device is really old.  The newer devices, apparently, are much harder to find.  They don't come with their own battery pack, but run off the car's battery, and are much more well hidden.
<br /><br />
Either way, apparently this gives the FBI's answer to what happens if you find the device.  The friend on Reddit claimed they had thought about throwing it in a lake, or even just putting it on another car, "but when you come home to 2 stoned off their asses people who are hearing things in the device and convinced its a bomb you just gotta be sure."<br /><br /><a href="http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101008/03035211331/guy-finds-fbi-tracking-device-on-car-posts-pics-online-fbi-shows-up-demanding-it-back.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that-confirms-it...</slash:department>
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