Obama Administration Wants to Track Cell Phones Without a Warrant

According to a report by cnet, the U.S. Third Circuit Court of Appeals in Philadelphia will hear oral arguments Friday in a case that could establish new standards for locating wireless devices.

In that case, the Obama administration has argued that warrantless tracking is permitted because Americans enjoy no "reasonable expectation of privacy" in their--or at least their cell phones'--whereabouts. U.S. Department of Justice lawyers say that "a customer's Fourth Amendment rights are not violated when the phone company reveals to the government its own records" that show where a mobile device placed and received calls.

The fourth amendment is pretty clear:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

There is at a minimum an implied right to privacy embedded in the Constitution. Should the court find in the White House's favor, it would certainly be a profound loss for liberty everywhere.