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Edition: U.S. Article Comments (3) Save Email Print Reprints Most Popular Most Shared U.S. successfully tests airborne laser on missile 3:15am EST Euro slides on Greek woes; China news hits risk assets | Video 3:11pm EST Factbox: Fashion world in shock over Alexander McQueen death 11 Feb 2010 U.S. dismisses Iranian uranium enrichment claims 11 Feb 2010 U.S. successfully tests airborne laser on missile 6:52am EST U.S. successfully tests airborne laser on missile 3:15am EST U.S. successfully tests airborne laser on missile 6:52am EST Snow storm leaves 180,000 without power in Dallas 12:59pm EST Luge Olympian killed in training crash 4:08pm EST Does "thinking outside the box" drive you mad? 10 Feb 2010 Justice Department appeals court ban on cell-phone tracking Jon Hurdle PHILADELPHIA Fri Feb 12, 2010 2:30pm EST Related News Here comes the new cell phone etiquette Fri, Jan 22 2010 PHILADELPHIA (Reuters) - The government argued on Friday that it should be allowed access to people's cell-phone records to help track suspected criminals. U.S. | Technology A Justice Department attorney urged a federal appeals court to overturn lower court rulings denying it the right to seek information from communications companies about the call activity of specific numbers that authorities believe are associated with criminal activity. But civil rights lawyers argued that providing information such as dates, times and call duration, and which cell towers the calls used, would be an invasion of privacy and a violation of constitutional protections against unjustified arrest. Attorneys for the Electronic Frontier Foundation and the Center for Democracy and Technology said the government should have to obtain a warrant to track an individual via a cell phone and show probable cause that the information would provide evidence of a crime. In 2008, the government asked for court permission to use cell phones for tracking without showing probable cause. The request was denied by a magistrate judge, whose decision was upheld by a district court. The government is appealing the lower court decisions before the U.S. Court of Appeals for the Third Circuit, which heard oral arguments on Friday. The government is not seeking to monitor the content of cell phone conversations, said Mark Eckenwiler, an attorney for the Justice Department, but wants information on call activity to assist law-enforcement as it tracks suspected criminals. "Cell tower information is useful to law enforcement because of limited information it provides about the location of a cell phone when a call is made," the government said in a 2008 brief. In February 2008, the government asked a lower court's permission to obtain from Sprint Spectrum the connection and cell-site information associated with a specific cell phone, on the grounds that it was relevant to an investigation on narcotics trafficking. Kevin Bankston, an attorney for the Electronic Frontier Foundation, argued that cell tower data can allow officials to determine a cell phone user's location to within a tenth of a mile, and that could violate constitutional rights protecting a person from unreasonable seizure. "We think the data in this case is accurate enough to implicate the Fourth Amendment," he said. Judge Dolores Sloviter, one of a three-judge panel, told Eckenwiler the government's case raised questions about the government's rights to track individuals. "There are governments in the world that would like to know where some of their people are or have been," she said, citing Iran as a government that monitors political meetings. "Wouldn't the government find it useful if it could get that information without showing probable cause? Don't we have to be concerned about that?" The court is expected to rule in coming months. (Editing by Michelle Nichols and Philip Barbara) U.S. Technology Comments See All Comments (3) | Post Comment Feb 12, 2010 2:38pm EST What happened to the “right to privacy” in our constitution? Sterling Greenwood/Aspen Free Press AspenFreePress Report As Abusive Feb 12, 2010 3:19pm EST God forbid you had a friend that did something wrong – one call to him could land you in prison for being part of his criminal empire. Our Government is out of control. Every day we become more and more like communist China. HemiHead66 Report As Abusive Feb 12, 2010 3:29pm EST The real threat to freedom is from career “justice” dept people trying to create a “surveillance society” thru phone, bank, credit card records & cameras so they know where everyone is at any time. If you were near a crime scene your a suspect. Go to a political rally-your recorded. Docfrank Report As Abusive See All Comments (3) Add a Comment More from Reuters Luge crash death overshadows Games big day VANCOUVER (Reuters) - Nodar Kumaritashvili, a 21-year-old Georgian luger, died after a horrifying crash in training Friday, casting a pall over the Winter Olympics hours before the Games were to be declared open. | Video GOP's Gregg sees progress on financial regulation U.S. snowstorms cause $2 billion insured losses Microsoft to announce new phone software: sources GM gains share regardless of Toyota: Lutz Dow, S&P 500 slip on recovery worry; Nasdaq flat » More Top News Bernd Debusmann: Europe, the superpower? True or false: Europe has the world's biggest economy, the most Fortune 500 companies, and attracts the most U.S. investment? Commentary Euro zone recovery takes hit EU hurt confidence with vague pledge Germany's Merkel cool on Greek aid Global Markets Microsoft goes after iPhone The tech giant is set to unveil new mobile phone software in a bid to wrestle back share from the iPhone and BlackBerry. Full Article Google defends pact to digitize books Motorola to split business in 2011 TECHNOLOGY © Copyright 2010 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index Analyst Research Mobile Newsletters RSS Podcasts Widgets Your View Labs Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts.com Buyouts Europe: Buyouts Conferences: Venture Capital Journal EVCJ International Financing Review International Securitisation Report Project Finance International PEhub.com PE Week Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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