Kieren McCarthy on a recent lawsuit by the Electronic Frontiers Foundation:
The Electronic Frontier Foundation (EFF) has sued the US Department of Homeland Security to find out more about a program where, it is claimed, officers secretly stick GPS trackers on vehicles they are suspicious of as they come through the border.
The EFF has made repeated freedom of information act (FoIA) requests about the program’s policies but has been stonewalled, with Homeland Security’s responses claiming any information would contain “sensitive information” that could lead to “circumvention of the law.”
The foundation’s main concern is that Homeland Security is carrying out its secret tracking without a warrant, or even anything beyond a single officer’s suspicion. And it points to a recent US Supreme Court decision where it ruled that warrantless GPS tracking was unconstitutional under the Fourth Amendment.
Details of the program came to light last year when customs officers revealed in court filings that they had used GPS trackers without a warrant at the border. Since then the EFF has tried to find out what the policies and procedures are for deciding when a vehicle can be tagged. The relevant authorities have not been keen to go into any detail.
There’s another legal precedent too: a California court ruled that government officials’ use of GPS devices to track two suspected drug dealers without getting a warrant violated the Supreme Court decision, made in 2012, and was government misconduct.
