Tracking the government on tracking cellphones

First, they asked to see the Justice Department's documents, memos and guides on the collection of information through tracking people's cellphone use.

Then, in a complaint filed Tuesday, the American Civil Liberties Union and a group called the Electronic Frontier Foundation asked for information about the number of times the U.S. government has asked courts to let agencies track cellphone use -- without establishing probable cause. They had petitioned for all this back in November. When they got no word, lawsuit.

Let's be clear here. The FBI is supposed to use all of its tools -- including cellphone use -- to track the bad guys. Local law enforcement has started using the technology too -- not only to find criminals but also to rescue victims like those kidnapped or abandoned after a carjacking.

But, says ACLU attorney Catherine Crump, law enforcement needs to get clearance from the courts first. "Signing up for cellphone services should not be synonymous with signing up to be spied on and tracked by the government," she said.

The U.S. government insists that no wholesale tracking is going on. "Law enforcement has absolutely no interest in tracking the locations of law-abiding citizens," Justice Department spokesman Dean Boyd told the Washington Post. "Courts determine whether or not cell-site data or more precise cell location data can be turned over to law enforcement in a particular case."

-- Johanna Neuman

Photo: Kristin Murphy / AP