amendments

Justice Dept. defends warrantless cell phone tracking

The FBI and other police agencies don't need to obtain a search warrant to learn the locations of Americans' cell phones, the U.S. Department of Justice told a federal appeals court in Philadelphia on Friday.

A Justice Department attorney told the Third Circuit Court of Appeals that there is no constitutional problem with obtaining records from cellular providers that can reveal the approximate locations of handheld and mobile devices. (See CNET's previous article.)

There "is no constitutional bar" to acquiring "routine business records held by a communications service provider," said Mark Eckenwiler, a … Read more

Feds push for tracking cell phones

Two years ago, when the FBI was stymied by a band of armed robbers known as the "Scarecrow Bandits" that had robbed more than 20 Texas banks, it came up with a novel method of locating the thieves.

FBI agents obtained logs from mobile phone companies corresponding to what their cellular towers had recorded at the time of a dozen different bank robberies in the Dallas area. The voluminous records showed that two phones had made calls around the time of all 12 heists, and that those phones belonged to men named Tony Hewitt and Corey Duffey. A … Read more

Does the Fourth Amendment cover 'the cloud'?

One of the biggest issues facing individuals and corporations choosing to adopt public cloud computing (or any Internet service, for that matter) is the relative lack of clarity with respect to legal rights over data stored online. I've reported on this early legal landscape a couple of times, looking at decisions to relax expectations of privacy for e-mail stored online and the decision to allow the FBI to confiscate servers belonging to dozens of companies from a co-location facility whose owners were suspected of fraud.

However, while I've argued before that the government has yet to apply the … Read more

Justice Dept. asked for news site's visitor lists

In a case that raises questions about online journalism and privacy rights, the U.S. Department of Justice sent a formal request to an independent news site ordering it to provide details of all reader visits on a certain day.

The grand jury subpoena also required the Philadelphia-based Indymedia.us "not to disclose the existence of this request" unless authorized by the Justice Department, a gag order that presents an unusual quandary for any news organization.

Kristina Clair, a 34-year-old Linux administrator living in Philadelphia who provides free server space for Indymedia.us, said she was shocked to … Read more

FCC cites success of video game rating system

U.S. regulators may consider a single ratings system that would warn parents of programming on television, video games, and wireless telephones that could be inappropriate for children, according to a Bloomberg News report in late August.

The Federal Communications Commission (FCC) launched an inquiry into the universal rating system with a goal "to shield children from inappropriate content in this rapidly changing media environment." That sounds great, but it's something that should be handled by parents and not the federal government.

Accordingly, it's fortunate that in a report this week (PDF) regarding the implementation of the Child Safe Viewing Act, the FCC found that the video game ratings scheme is a success and that "the video game industry already provides one of the most robust voluntary rating systems available." The report also concludes that the variety and variables within each media segment make it extremely difficult to manage. … Read more

Should Illinois sex offenders be kicked off the Net?

If you believe its sponsors, a new Illinois law will keep sex offenders from recruiting children on the Internet.

"If the predator is supposed to be a registered sex offender, they should keep their Internet distance as well as their physical distance," said sponsor Bill Brady, a Republican state senator, according to the Chicago Tribune. "The object is to protect innocent individuals on the Internet from sex offenders."

If that were its effect, this would be a laudable piece of legislation. But in reality, the state law is written so broadly, it would effectively prohibit registered … Read more

Want a job? Give Bozeman your Facebook, Google passwords

If you're planning to apply for a job with the city of Bozeman, Mont., be prepared to hand over much more than your references and resume.

The Rocky Mountain city instructs all job applicants to divulge their user names and passwords for "any Internet-based chat rooms, social clubs or forums, to include, but not limited to: Facebook, Google, Yahoo, YouTube.com, MySpace, etc."

"Before we offer people employment in a public trust position, we have a responsibility to do a thorough background check," Chuck Winn, Bozeman's assistant city manager, said in an interview on … Read more

Police can forcibly take DNA samples during arrests, judge rules

In the first case of its type, a federal judge in California has ruled that police can forcibly take DNA samples, including drawing blood with a needle, from Americans who have been arrested but not convicted of a crime.

U.S. Magistrate Judge Gregory Hollows ruled on Thursday that a federal law allowing DNA samples upon arrest for a felony was constitutional and did not violate the Fourth Amendment's prohibition of "unreasonable searches and seizures."

Hollows, who was appointed by President George H.W. Bush, said the procedure was no more invasive or worrisome than fingerprinting or … Read more

Minnesota orders ISPs to blacklist gambling sites

The state of Minnesota has handed Internet providers a 7-page blacklist (PDF) of gambling Web sites that they're supposed to prevent customers from accessing, a move that raises First Amendment and technical concerns.

"We are putting site operators and Minnesota online gamblers on notice and in advance," said John Willems, a Minnesota Department of Public Safety official, in a statement. Companies that received the list of off-limits Web sites--which was made public on Thursday--include AT&T, Comcast, Qwest, and Sprint/Nextel.

The Department of Public Safety's letters to the Internet providers say that "gambling … Read more

High court won't hear Virginia spam case

The Supreme Court on Monday said it is refusing to consider reinstating the Commonwealth of Virginia's junk e-mail law.

The court's inaction upholds an earlier ruling of the Virginia Supreme Court that Virginia's Computer Crimes Act violates First Amendment rights. The broad law prohibits the anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious, or other speech protected by the U.S. Constitution.

Virginia State Attorney General Bill Mims, according to other reports, is planning to draft a new antispam law in the next General Assembly session to address constitutional concerns.

The Virginia Supreme … Read more