New York Judge James Orenstein has upheld a decision declaring that the government can’t track people by cell phone without a warrant. This victory for freedom means that the government has to have probable cause before it can geotrack a suspected criminal. This is the third decision that has been consistent on the issue and the second by Orenstein. The Department of Justice certainly isn’t happy about the decisions, so this isn’t the last you will hear about this issue.
Though this means that law enforcement agencies can’t play Big Brother, libertarians still shouldn’t rest easy. You’re still completely susceptible to cell phone tracking, so think twice before you cheat on your wife or fake a trip for work. Indeed, the potential and opportunities that tracking opens (think advertising, for one) have only just begun to be explored.