The Obama Administration and Your Privacy

Yasir Afifi found an FBI tracking device on his car...

The US Government, lead by the Obama administration, is actively pursuing the ability to, without a warrant and on your private property, attach a wireless GPS-based tracking device to you vehicle. There have been several cases recently at the appeals court level - a number of which have been decided in favor the the government.

The Obama administration in particular does not seem to like the idea of constitutional limits on what the government might to to invade your privacy.
Pre-Obama technology has lead to all sorts of interesting interpretations of the law in recent years.

For example, in 2001 in Kyllo vs. The United States the Supreme Court found that using a thermal imaging device from a public vantage point to determine whether or not excessive heat was being produced was an unreasonable "search" under the Fourth Amendment of the US Constitution.  Kyllo had marijuana growing under indoor lighting in his garage that gave off excessive heat.  The government determined, using thermal imaging form a public location, that the garage was emitting more heat than the rest of the house. Using this information they were able to obtain a search warrant for Kyllo's house.

The Supreme Court decision found this use of technology to be a "search" even though the technology did not "enter" the home.

Recently the Obama administration urged Congress not to adopt privacy safeguards on e-mail stored in cloud servers.  Communications laws (the Electronic Communications Privacy Act or ECPA) established in the 1980's allowed law enforcement access to "abandon email" (over 6 months old) without a warrant.  These days, with email stored on cloud servers, this limit is no longer practical.

The Obama administration thinks that strengthening this law to make it harder to access email without a warrant represents an "undo hardship" on law enforcement.  James A. Baker, deputy Attorney General, testified that "Congress should recognize the collateral consequences to criminal law enforcement and the national security of the United States if ECPA were to provide only one means — a probable cause warrant — for compelling disclosure of all stored content..." (full quote here).

Oh that pesky Fourth Amendment - if only that weren't in the way of law enforcement.

Which leads us to the GPS issue.

Again, the Obama administration desires (see this PDF brief by the Justice Department) no warrant be required to affix a GPS tracking device to your vehicle - even if its sitting in your driveway.  Basically they think you should have no expectation of privacy with regard to you movements.

At issue was the recent overturning of the conviction of a drug dealer whose vehicle had been tracked by such a device.  Such a GPS devices was used to establish a pattern of movements which tipped off law enforcement as to where to search.

The conviction was overturned because the tracking occurred without a warrant.

Good thing because the FBI went onto the private property of the defendant and attached the tracking device - no need for them to follow the law I suppose...

Yasir Afifi above, a 20 year old half Egyptian student, took his car to the oil change place.  The mechanic asked him what the device was clamped on the frame under the back of the car.  Yasir didn't know so the mechanic took it off and showed him.  Yasir took it home and eventually posted pictures on the internet of the device - which prompted the FBI to show up at his house and demand it back...  (Full story here.)


The George Bush Obama administration has a long history (since 2009) of promoting "no warrant" searching of technological devices like computers (see this) and using technology to breach your non-line privacy (like home, car, etc.).

Oh well...

Personally I think that the administration is wacko on privacy - they claim its important for "internet usage" (see this) and want you to have a "Bill of Rights" for internet privacy while at the same time working hard to eliminate privacy from you life in all other ways.

Sounds to me like a lot of BS...  Talking out of one side of their mouth about internet privacy while working hard behind the scenes to take away all of your privacy and protection for government searches and seizures.

You be the judge...