Isn't it curious how things come together, sometimes. While reviewing the once secret written notes of Madison from the Constitutional Convention, I stumbled upon the ACLU FOIA responses, discussed in this diary.
A year ago in April 2011, I wrote a diary on a cell phone forensics tool, and recommended federal review. It's interesting what the ACLU was able to provide from local law enforcement on cell phone location tracking.
The issue isn't just cell phone location data. The law enforcement community can track not only your location using a cell phone, but can access the content within your cell phone without a warrant.
Today, one question is who has standing to bring suit for unlawful cell phone tracking; and how this intelligence collection squares with FISA and the FISA Immunity Act. However, in light of the reporting on the CIA-NYPD domestic surveillance, the FOIA responses do not paint a comfortable picture, but raise serious constitutional issues warranting judicial and public review.
Unfortunately, the NYPD -- and the state of New York, and other states --- did not (yet) provide a response on cell phone tracking; or their responses are not (yet) posted on the ACLU website. (You'll notice on the ACLU map of the cell phone tracking responses, that there are no links to any New York Police Department FOIA responses.)
This absence of information contrasted sharply with the Framer's intent to thwart tyranny through sunlight, an informed voting citizenry, and checks and balances.
Under the current (unfavorable) climate of unconstitutional conduct enabled by the Congress and President, it's interesting to review the FOIA responses of those non-NY-police jurisdictions where the NYPD was operating.
Read More