fuNctioN cReeP

Thursday, September 09, 2010

The New Normal: Warrant-less GPS Tracking

While the positive yield of nabbing criminals in the act will no doubt provide a valid argument for the use of global positioning systems as a preventative measure to criminal offenses, the bottom line is that even those who have previously committed crimes are subject to the same protections under the constitution as those who have not. The placing of a GPS device on the basis of suspicion is akin to a breach of property and privacy. If officers believe they have probable cause to breach property, then they also have sufficient reason to seek a warrant and take that extra legal step.

While we find it hard to argue with the idea of "better safe than sorry," the crux of the issue is that once a legal precedent is set on the use of tracking devices without a warrant, then the majority of us are vulnerable to such an invasion of privacy –whether or not we've done anything to infer probable cause. After all, if a mere blip on our record can be leveraged as such, then we all our going to have to do our best to stay squeaky clean.
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Written at 1:01 AM by rene - PermaLink

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fuNctioN cReeP: is what occurs when an item, process, or procedure designed for a specific purpose ends up serving another purpose for which it was never planned to perform.

Big Brother: an entity that is able to watch over all our actions in a unknown restrictive, controlling way with covert technology or other clandestine activities. It is commonly used to refer to a fear of the day when we will have zero privacy, due to government surveillance and personal accurate knowledge. The term was born from George Orwell's book "1984" where a government controls its citizens through continual surveillance.

The 4th Amendment: "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."

Panopticon: first used by Jeremy Bentham as an architectual model in designing a prison. The concept follows that you could save money by building a circular prison with a singular tower in the middle for the guard. By keeping the guard in the dark and all the prisoners in the light, those being guarded could not tell when they were being watched.

Surveillance: In the middle ages, Surveillance was a man on a horse who was called a "scout." Now surveillance includes satellite imagery and aerial photography, sometimes from unmanned aircraft, and computer network hacking. Some more common, everyday surveillance techniques include eavesdropping, dumpster diving, video monitoring, and RFID.

Biometrics: automated methods of recognizing a person based on a physiological or behavioral characteristic. Among the features measured are; face, fingerprints, hand geometry, handwriting, iris, retinal, vein, and voice. Biometric technologies are becoming the foundation of an extensive array of highly secure identification and personal verification solutions.

Iris Scanning is a method of biometric identification; pattern recognition is used to determine the identity of the subject. Iris scans create high-resolution images of the irides of the eye; IR illumination is used to reduce specular reflection from the cornea. The iris itself is a "good subject" for biometric identification, because it is an internal organ that is well protected, it is mostly flat and it has a fine texture that is unique even for identical twins.

RFID stands for Radio Frequency IDentification, a technology that uses tiny computer chips smaller than a grain of sand to track items at a distance. RFID "spy chips" have been hidden in the packaging of Gillette razor products and in other products you might buy at a local Wal-Mart, Target, or Tesco - and they are already being used to spy on people.

The VeriChip passive RFID device is the core of key VeriChip applications. About the size of a grain of rice, each VeriChip contains a unique verification number, which can be used to access a Subscriber-supplied database providing specific information. Once implanted just under the skin, via a quick, painless outpatient procedure (much like getting a shot), the VeriChip can be scanned when necessary with a proprietary VeriChip scanner. A small amount of radio frequency energy passes from the scanner energizing the dormant VeriChip, which then emits a radio frequency signal transmitting the individuals unique verification (VeriChipID) number.