] When Robert Moran drove back to his law offices in Rome,
] N.Y., after a plane trip to Arizona in July 2003, he had
] no idea that a silent stowaway was aboard his vehicle: a
] secret GPS bug implanted without a court order by state
] police.
]
] A federal judge in New York ruled last week that police
] did not need court authorization when tracking Moran from
] afar. "Law enforcement personnel could have conducted a
] visual surveillance of the vehicle as it traveled on the
] public highways," U.S. District Judge David Hurd wrote.
] "Moran had no expectation of privacy in the whereabouts
] of his vehicle on a public roadway."

Comments from Decius:

Yowzer... The police "could have" visually observed the vehicle, but they didn't. They attached a tracking device to it. A tracking device it a wholly different animal and has wholly different privacy implications. The expense require to visually track an individual car's every movement, without being observed, is extremely high. An individual might have no expectation of privacy with regard to the specific location of his car at a specific time, but there is a reasonable expectation of privacy with respect to the specific location of his car at every time.

One might also inquire as to whether this tracking device stopped working the minute this individual pulled off of a public road and onto private property? Its doubtful.

This ruling implies that as one tracking device has no privacy implications, then presumably 1000 tracking devices have no privacy implications, as 1000*0=0. Moving from the idea that the police have every right to tail your car on a public road to the idea that the police can electronically track the location of every car at every time is a massive leap of logic that has little basis in common sense.

Furthermore, one would think that the process of attaching a tracking device would have some private property concerns. Is it legal for me to attach anything I want to your car? Can I put a audio recording device on your car? (Apparently so, according to one of the rulings in this article!)

Anothing article linked in here discusses a very very tenuous barrier that the courts established to prevent the FBI from wiretapping cars using their on-star systems. Apparently its only illegal if it might interfere with emergency road side services!

We're rapidly approaching a period of time when technologies like these will allow the police to monitor your every movement and record your daily conversations. If we will not properly apply the 4th amendment to this domain the results will be terrible.

No court order required for GPS bugs! (More dumb judges.)