The Electronic Frontier Foundation (EFF) is arguing that a New York federal court should stand by its decision to require probable cause to believe a crime has been or is about to be committed before letting the government secretly track people using their cell phones.

“This is the first case considering when the government can track the movements of your cell phone, and the answer couldn’t be more important,” said EFF Staff Attorney Kevin Bankston. “Allowing the government to turn anyone’s cell phone into a tracking device without probable cause will enable a surveillance society that would make Big Brother jealous.”

Last month, the court denied a Justice Department request to monitor a cell phone’s location. The ruling revealed that the DOJ has routinely been securing court orders for real-time cell phone tracking without probable cause and without any law authorizing the surveillance.”

[Continue reading Cell Phones Used to Track People Without Probable Cause]