By John W. Whitehead
Voicing his discontent with the Ninth Circuit Court of Appeals’ ruling in United States v. Pineda-Moreno, which declared the warrantless use of a GPS tracking device to be constitutional, Chief Judge Alex Kozinski warned, “We are taking a giant leap into the unknown, and the consequences for ourselves and our children may be dire and irreversible. Some day, soon, we may wake up and find we’re living in Oceania.”
Indeed, we are already living in George Orwell’s totalitarian state known as Oceania, where the all-seeing government sees and tracks everything we do. By asserting that the police can constitutionally sneak onto a private driveway without a warrant and stick a GPS tag on your car so that they can remotely track you, the Ninth Circuit didn’t necessarily break any new ground. Rather, they merely confirmed what we have suspected all along: that the concept of private property is dead and along with it, the right against unreasonable searches and seizures once protected by the Fourth Amendment.
Having outstripped our ability as humans to control it, technology has become our Frankenstein’s monster. Delighted with technology’s conveniences, its ability to make our lives easier by doing an endless array of tasks faster and more efficiently, we have given it free rein in our lives, with little thought to the legal or moral ramifications of doing so. Thus, we have no one but ourselves to blame for the fact that technology now operates virtually autonomously according to its own invasive code, respecting no one’s intimate moments or privacy and impervious to the foibles of human beings and human relationships.
For example, consider how enthusiastically we welcomed Global Positioning System (GPS) devices into our lives. We’ve installed this satellite-based technology in everything from our phones to our cars to our pets. Yet by ensuring that we never get lost, never lose our loved ones and never lose our wireless signals, we are also making it possible for the government to never lose sight of us, as well.
GPS, originally known as Navstar, is funded and operated by none other than the U.S. Department of Defense. The U.S. military controls the satellites used by GPS devices and transmits signals to ground GPS receivers. The U.S Air Force, by means of ground stations, sustains 24 operational GPS satellites at all times. These synchronized satellites emit signals at the same time. A GPS receiver located on earth collects the signals that travel at the speed of light. The receiver calculates the distance to the satellites by determining the time it takes for the emitted signal to reach the GPS receiver. Once a time is determined for at least four of the GPS satellites, the receiver can pinpoint your location in three dimensions, including latitude, longitude, and altitude.
While many Americans are literally lost without their GPS devices, it has also become a ubiquitous convenience for law enforcement agencies. For example, in 2009, the Los Angeles Police Department (LAPD) introduced a prototype “smart” police car. This smart cruiser is the most advanced of its kind, equipped with license plate cameras, computers, a GPS projectile launcher, and even a heat detector in the front grill to differentiate between people and animals. The license plate reader can scan and download five to eight thousand license plates per shift. It saves the information it collects and can access the information instantaneously through the computer system installed in the car. If a stolen or wanted vehicle comes up in the scan, the license plate reader will automatically label the vehicle as a threat and a camera will take a colored picture of the vehicle and send the GPS coordinates of the vehicle to the police station.
In addition to the high tech license plate readers and cameras, the smart car is equipped with GPS-enabled projectiles. The device is similar to a dart launcher and is near the front bumper of the vehicle. The projectile is three inches in diameter. When engaged, the device shoots the GPS projectile at the target vehicle. The law enforcement agent inside the car arms and fires the projectile. With the aid of a military grade laser, the law enforcement agent can aim with tremendous precision. Once attached to the target, the projectiles have the capability of tracking the target in real time for days. The LAPD is currently shopping for a manufacturer willing to mass produce these cars in order to make them available to law enforcement agencies across the country.
Frankly, given how attached Americans have become to their cell phones–and how easily trackable, as a result, it’s a wonder the government even bothers with any other technologies. Currently, cell phone service providers have the ability to pinpoint a phone’s location to an area as small as a city block. (It should come as no surprise that government agents have wasted little time in adding this technology to their bag of tricks, employing GPS on multiple occasions to track individuals without establishing probable cause or obtaining a search warrant.) Most corporate cell phone providers can also store vast amounts of data containing the location of the cell phone and its specific uses (such as the contents of text messages and websites visited), sometimes even in real time.
In an effort to handle the massive amount of requests from federal agents for access to the GPS data, several cell phone providers now offer automated services for obtaining internal cell phone data. Sprint Nextel, for example, has an entire website devoted to cell phone records that law enforcement officers can access. Called the Mobile Locator, the system allows law enforcement to access information, such as call history, without a search warrant, thus completely bypassing the protections afforded us by the Fourth Amendment. It also enables government agents to monitor an individual in real-time on a zoomable, online map.
A recent study by Indiana University reveals the extent to which government agents are making use of this resource. According to the study, over a period of 13 months, Sprint responded to eight million requests from law enforcement for GPS data. In addition to GPS data, Sprint also stores IP data and URL web history for a two-year period, which it also makes available to law enforcement upon request.
Intelligence and law enforcement agencies insist that a search warrant is not required to access the information because cell phone users, having disclosed their information to a third party, have no reasonable expectation of privacy anyhow. All the while, the American people remain clueless about the existence of these databases, the ease with which law enforcement agents can access them, and their overall loss of privacy.
The bottom line: there really is no place to hide in the American Oceania. As Judge Kozinski concludes:
You can preserve your anonymity from prying eyes, even in public, by traveling at night, through heavy traffic, in crowds, by using a circuitous route, disguising your appearance, passing in and out of buildings and being careful not to be followed. But there’s no hiding from the all-seeing network of GPS satellites that hover overhead, which never sleep, never blink, never get confused and never lose attention. Nor is there respite from the dense network of cell towers that honeycomb the inhabited United States. Acting together these two technologies alone can provide law enforcement with a swift, efficient, silent, invisible and cheap way of tracking the movements of virtually anyone and everyone they choose. Most targets won’t know they need to disguise their movements or turn off their cell phones because they’ll have no reason to suspect that Big Brother is watching them.
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His book The Change Manifesto (Sourcebooks) is now available in bookstores and online. He can be contacted at firstname.lastname@example.org. Information about The Rutherford Institute is available at www.rutherford.org
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