Trashing the Law against warrantless GPS tracking: NSA nabs 5 Billion Phone location Records a Day

Remember when the National Security Agency officials maintained that they were “only” collecting “metadata” from your cell phones? What they meant by that was that they weren’t listening in on your calls, just noting who you call and when. I said at the time that ‘metadata’ on cell phones inevitably includes information on where you are, so that they are tracking people.

So it turns out that the NSA is actually collecting 5 billion records a day on the location of cell phones around the world, according to the Washington Post, which is using the Snowden leaked documents. The NSA officials deny that they are intentionally collecting that data from American phones inside the country, but of course the way this kind of data works, it is inevitable that a lot of Americans end up having their locations swept up. Plus tens of millions of Americans travel abroad every year. Do we give up our constitutional rights with regard to our own government the moment we leave the shores of the US?

The NSA is carrying out the equivalent of putting Global Positioning Satellite (GPS) device on millions of Americans’ persons. The FBI also tried putting GPS trackers on cars of people they were investigating and just tracking them for a month to six months without a warrant. This is illegal, as the Third Circuit Federal Appeals court in Philadelphia has recently ruled. The government argues that when people are moving around in public it is legitimate to monitor them and they have no expectation of privacy. The judges find that actually people don’t expect someone to be following their every move 24/7 for months on end, and do have a right to more privacy than that unless police can convince a judge there is a reason to issue a warrant. The problem is that Americans being tracked usually don’t know it, and so far the courts have protected the government from having to answer to lawsuits from potentially affected classes of person, on the ground that their standing has not been proved. But there isn’t any difference between tracking us intensively the way the NSA does and tracking us with a GPS device (indeed, the NSA is getting GPS information).

If you had alleged when the Snowden revelations began that the NSA was watching 5 billion cell phones move around, people would have accused you of being crazy. One after another, Snowden’s leaks have shown a situation that is a trillion times worse than the one portrayed by officials. Snowden said that the NSA had tapped into the servers of Google, Yahoo and others and could see us writing an email in real time. Keith Alexander and James Clapper, both of them notorious liars and very likely personally corrupt, said Snowden didn’t understand how the system worked. Google and Microsoft and the others were puzzled because, they said, they hadn’t given the government access to their servers in generally, only to individual accounts suspected of being national security threats. But then it turned out that the NSA had exploited weaknesses in the routing between servers to insert themselves into the data flow. They had it all. Then it turned out that the government is monitoring everyone’s bank accounts and credit card transactions.

Then it turned out that they didn’t just have metadata. They had attached sniffers to trans-Atlantic fiber optic cables carrying phone and email data where they came up out of the ocean in the UK. They and the British GCHQ captured all of it– the substance of emails and not just their addresses, and the substance of telephone calls. Since US traffic bounces around the world through those cables, they were inevitably wiretapping Americans without an warrant.

Now it transpires that the NSA wants to know where everyone is all the time. Obviously they can’t actually watch all those people, but they can mine the data and zero in on any individual they want to. Those not using GPS can’t be pinpointed with exactitude, but their location can be triangulated from the towers. I presume the NSA is capturing GPS data where that feature is working, so those people they can track with precision.

Where they are (“inadvertently”) capturing and storing location data on innocent Americans without a warrant, the NSA is violating (again) the Fourth Amendment, and they are in violation of the recent Federal appeals court ruling.

RT American reports

7 Responses

  1. anarcho

    sets up a perfect scenario of target triangulation, merging digital martial law w/ land based activity, before the war comes recon

  2. First,
    thank you Dr. Cole for using RT as a source.
    I have used them as a source on aspects of how the Syrian proxy war (not a revolution) got started, and I think some folks questioed the reliability of that source. It ain’t Pravda, or Izvestia.

    Second,
    I’d bet a craft beer that Jim Clapper doesn’t get tracked, or have his cell phone tapped. How’z he do it ?

    Third,
    is this the “bombshell” that Rogers and Feinstein went on TV 3 days ago to insulate themselves against ?
    Recall without laughing that THEY are our oversight.
    Except they don’t want to bother those very busy and very important folks spying on the public, to make it possible to conduct meaningful oversight .
    .

  3. This explains why Alexander and Clapper refused to answer Wyden’s direct question to them about whether they were collecting Americans’ cell phone location data.

    It’s pretty shocking that a government agency could get away with refusing to answer questions of an oversight committee. It only confirms that the intelligence community, which represents over 0.5% of GDP, is uncontrollable and unaccountable.

  4. I think that your take on this is really unrealalistic. Systems of power are going to protect themselves. Do really think that it can be otherwise? Systems of power can be good or bad or better or worse. America has 300 plus million people. How many people does the FBI the Secret Service and other similar agencies have? If any system of power is going to survive it has to stay two steps ahead of all potential compition. That means that it has to be able to evaluate the potenial threats of today but the potential threats of tommorrow. In a system widely periceved by the population as just there will not be much to worry about but at a time that society’s consensus is breaking down there will be a hell of a lot to worry about.
    So lets say that you are a progressive who wants to change the system. It will not really matter if you want to change it legally or illegally a threat is a threat is a threat. Those in power will not only want to know what your intentions are but what your capabilities are. So these alphabet soup agencies have a limited amount of money to figure that out. If you have reached the point that they are doing 24 hour a day surrevalence on you you are doing a something really significant. You are robbing the system of its resources.
    If the system is good you are doing someihing bad. If the system is bad you are doing something good and you may not even know it. Why everyone who wants to change a bad system should be delighted when they are under 24 hour survelence. Just by going about their normal routine they get to help drive nails in the coffin of a bad system.
    Well what if we are talking about El Salvador in the 1970s or 1980s and not the USA then if you come under 24 hour survelence you are likely to be seeing the inside of your own coffin. The thing is opponents of Samosa or Baby Doc did not bitch about death squads trying to track them. They knew that that was the nature of the beast. You do not kill such a beast by asking them to play fair you kill it by infiltrating it and killing it members when they are on their way to church and when they are in a movie theater.
    This is not hell. You can see it from here. But as long as the American people are not intimidated by power or seduced by false patriotism hell can be avioded.

  5. And even now reading you on Facebook is tracked by Facebook as well as the NSA and the rest. How to stop this? How to protect yourself? This is not a partisan issue, the Democrats are deeply implicated, and in fact appear to be worse..

  6. Economic espionage and vengeful retaliation (terrorism) v. a constitutional right to privacy, notwithstanding proable cause of illegal activity.

    I would rather be a free man in my grave then to trash the Constitution of this country. Privacy is at the core of being human – welcome to slavery.

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