Presentation by Jonah PerlinPresentation by Jonah Perlin

For FRS 142: Where’s WaldoFor FRS 142: Where’s WaldoPrinceton UniversityPrinceton University

Professor Groth Professor Groth April 2, 2004April 2, 2004

Global Positioning Global Positioning Systems and Civil Systems and Civil

LibertiesLiberties

Presentation OutlinePresentation Outline GPS and Our Rights: GPS and Our Rights:

– How are GPS and Civil Liberties Uniquely ConnectedHow are GPS and Civil Liberties Uniquely Connected

The Science of GPS: The Science of GPS: – A Short Introduction into how GPS is used in the lawA Short Introduction into how GPS is used in the law

Case StudyCase Study– The Civil Rights Case of The Civil Rights Case of Washington State v. JacksonWashington State v. Jackson

Opposing ViewpointsOpposing Viewpoints– The Civil Liberties and Moral Arguments Used by Both The Civil Liberties and Moral Arguments Used by Both

SidesSides

Looking AheadLooking Ahead– The future of GPS and Civil RightsThe future of GPS and Civil Rights

GPS and Our Rights:GPS and Our Rights:What’s the Big Deal?What’s the Big Deal?

Do We Have a Right to Free Motion?Do We Have a Right to Free Motion?– Warrantless TrackingWarrantless Tracking

– Tracking Every MoveTracking Every Move

– There is no explicit right to privacy so There is no explicit right to privacy so “free-motion” becomes an issue of “free-motion” becomes an issue of Constitutional interpretationConstitutional interpretation

– Public Action can be watched all the Public Action can be watched all the timetime

– Private Action Requires a WarrantPrivate Action Requires a Warrant

– New Technology does not inherently New Technology does not inherently equal “private action”equal “private action”

==??

GPS and Our Rights:GPS and Our Rights:The 5 W’sThe 5 W’s

Who?Who?– Convicted Criminals and/or suspectsConvicted Criminals and/or suspects– Tracking could occur on many levelsTracking could occur on many levels

local law enforcement to the FBIlocal law enforcement to the FBI

What?What?– The Police use GPS technology to keep The Police use GPS technology to keep

constant track of an individual.constant track of an individual. They can set electronic fencesThey can set electronic fences They can match records and crime data after the factThey can match records and crime data after the fact They can allow They can allow othersothers in the community to know in the community to know

when someone is aroundwhen someone is around

– GPS can be placed on the individual or on an GPS can be placed on the individual or on an object such as a carobject such as a car

GPS and Our Rights:GPS and Our Rights:The 5 W’s (cont’d)The 5 W’s (cont’d)

Where?Where?– Tracking takes place in the unique “public Tracking takes place in the unique “public

domain”domain” Essential to Search-and-Seizure issueEssential to Search-and-Seizure issue

– Individuals can be tracked almost anywhere, Individuals can be tracked almost anywhere, although difficulty occurs in areas in and although difficulty occurs in areas in and around lots of buildings (dense cities, malls, around lots of buildings (dense cities, malls, etc)etc)

– Tracking occurs all over the country. More Tracking occurs all over the country. More than 75 local law offices tracking more than than 75 local law offices tracking more than 1,500 criminals nationwide (Global 1,500 criminals nationwide (Global Positioning and Navigation News)Positioning and Navigation News)

GPS and Our Rights:GPS and Our Rights:The 5 W’s (cont’d)The 5 W’s (cont’d)

When?When?– Tracking often occurs 24 hours a day on objectsTracking often occurs 24 hours a day on objects– Tracking occurs for all waking hours of an Tracking occurs for all waking hours of an

individual because the devices are charged individual because the devices are charged overnightovernight

Why?Why?– To allow criminals earlier and more effective To allow criminals earlier and more effective

parole optionsparole options– To protect future crimes from occurring (repeat To protect future crimes from occurring (repeat

offenses occur very often in the US)offenses occur very often in the US)– To help particular citizen be aware of particular To help particular citizen be aware of particular

individuals around them at certain times.individuals around them at certain times.– Give up some rights in order to receive othersGive up some rights in order to receive others

The Science of GPS:The Science of GPS:Criminal/Suspect TrackingCriminal/Suspect Tracking

Tracking Can Occur in 3 WaysTracking Can Occur in 3 Ways1.1. A Receiver and Ankle Bracelet CombinationA Receiver and Ankle Bracelet Combination

SMART Technology SMART Technology Used for ParoleesUsed for Parolees Also acts as a reminder for convicts not to Also acts as a reminder for convicts not to

commit new crimescommit new crimes If the bracelet and receiver are ever apart an If the bracelet and receiver are ever apart an

alarm soundsalarm sounds ProblemsProblems

– Doesn’t work in Malls and Closed AreasDoesn’t work in Malls and Closed Areas– Simply covering the antenna hurts signalSimply covering the antenna hurts signal– It only tells where convicts are, not what they are It only tells where convicts are, not what they are

doingdoing

The Science of GPS:The Science of GPS:Criminal/Suspect Tracking Criminal/Suspect Tracking

(cont’d)(cont’d)2.2. The Digital Chip MethodThe Digital Chip Method

Constant tracking—less maintenanceConstant tracking—less maintenance Would be a real, constant reminder of crimeWould be a real, constant reminder of crime Allows anyone to have a way to be found at Allows anyone to have a way to be found at

any timeany time Provides for a constant reminder to not Provides for a constant reminder to not

commit new crimecommit new crime Could be implemented on a widescaleCould be implemented on a widescale Controversial if required for all individualsControversial if required for all individuals

The Science of GPS:The Science of GPS:Criminal/Suspect Tracking Criminal/Suspect Tracking

(cont’d)(cont’d)3.3. Tracking Objects, Not PeopleTracking Objects, Not People

– Paperback sized GPS systems used mostly Paperback sized GPS systems used mostly in Cars and Boatsin Cars and Boats

– Less intrusiveLess intrusive– Can be done in secrecy to trail a suspect Can be done in secrecy to trail a suspect

without him/her knowingwithout him/her knowing– Provides 24 hours surveillance at a much Provides 24 hours surveillance at a much

cheaper rate and with less risk then a cop cheaper rate and with less risk then a cop following someonefollowing someone

– Less helpful in many instances Less helpful in many instances – no proof of who is driving the vehicleno proof of who is driving the vehicle– Can’t follow where the individual goes by footCan’t follow where the individual goes by foot

The Science of GPS:The Science of GPS:Practical IssuesPractical Issues

GPS is being used more GPS is being used more – Better TechnologyBetter Technology– Cost EffectiveCost Effective– More PublicityMore Publicity

Multiple companies Multiple companies market GPS tracking market GPS tracking technology like technology like

Not Perfect…Not Perfect…– Buildings, and Heavily Buildings, and Heavily

covered areas can’t keep a covered areas can’t keep a signalsignal

– Still have tendency to Still have tendency to breakbreak

Case Study:Case Study:Washington State v. JacksonWashington State v. Jackson

William Jackson reports his daughter missing—Mr. William Jackson reports his daughter missing—Mr. Jackson was the police’s main suspectJackson was the police’s main suspect

The Police receive a warrant to search Jackson’s The Police receive a warrant to search Jackson’s truck and before returning it place a GPS tracker truck and before returning it place a GPS tracker on iton it

Police used the data sent from the GPS to follow Police used the data sent from the GPS to follow him to a remote storage unit in the woods where him to a remote storage unit in the woods where they found his daughter-deadthey found his daughter-dead

Jackson appealed saying the Police did not have Jackson appealed saying the Police did not have probable cause for the Warrant and that what probable cause for the Warrant and that what they saw was not “public action” but instead they saw was not “public action” but instead “private”“private”

Case Study:Case Study:The Issue At HandThe Issue At Hand

The appelate court The appelate court ruled that a warrant ruled that a warrant was unnecessarywas unnecessary

The Supreme Court The Supreme Court however did make however did make the ruling the ruling that a that a warrant was warrant was necessarynecessary and and therefore had to therefore had to determine whether determine whether or not there was or not there was probable causeprobable cause

““The intrusion into private The intrusion into private

affairs made possible affairs made possible

with a GPS device is with a GPS device is

extensive, as the extensive, as the

information obtained information obtained

can disclose a great can disclose a great

deal about an deal about an

individual’s lifeindividual’s life ””

----Justice Barbara MadsenJustice Barbara MadsenWashington State Supreme CourtWashington State Supreme Court

Case Study:Case Study:The RulingThe Ruling

The court ruled that Mr. Jackson rights The court ruled that Mr. Jackson rights were not violated as there was were not violated as there was probable cause for the warrant and probable cause for the warrant and his first degree murder conviction his first degree murder conviction stoodstood

BUT, the precedent was established BUT, the precedent was established that at least in Washington State, GPS that at least in Washington State, GPS tracking required a Warranttracking required a Warrant

Case Study:Case Study:Right, Wrong and ImplicationsRight, Wrong and Implications

In the End, Mr. Jackson In the End, Mr. Jackson was charged convicted was charged convicted of his heinous crimeof his heinous crime

It is still not totally It is still not totally clear that a warrant clear that a warrant should should have been givenhave been given

New Rights for New Rights for citizenscitizens A warrant is A warrant is necessary as GPS necessary as GPS IS IS NOT NOT “public place” “public place” trackingtracking

““The ACLU applauds the The ACLU applauds the

court’s ruling in this court’s ruling in this

landmark case. Tracking a landmark case. Tracking a

person’s movements by person’s movements by

GPS is highly intrusive. It is GPS is highly intrusive. It is

the equivalent of placing the equivalent of placing

an invisible police officer an invisible police officer

in the back seat of a in the back seat of a

person’s carperson’s car “ “

--Director Doug Klunder--Director Doug Klunder

ACLU Washington Privacy ACLU Washington Privacy

ProjectProject

Opposing Viewpoints:Opposing Viewpoints:GPS and Civil Rights Can Co-GPS and Civil Rights Can Co-

ExistExist GPS allows people GPS allows people

more rights in the long more rights in the long term if some rights are term if some rights are given upgiven up

As long as a warrant is As long as a warrant is issued rights are still issued rights are still protectedprotected

It is It is NOTNOT search and search and seizure because it only seizure because it only tracks actions in the tracks actions in the public spherepublic sphere

Opposing Viewpoints:Opposing Viewpoints:GPS and Civil Rights Can Co-GPS and Civil Rights Can Co-

ExistExist It is an effective It is an effective

deterrent to crimedeterrent to crime

Tracking individuals is a Tracking individuals is a common policing common policing practicepractice

It allows police to better It allows police to better protect everyone’s rights protect everyone’s rights as it is cheaper and as it is cheaper and reduces the man hours it reduces the man hours it takes to track someonetakes to track someone

Opposing Viewpoints:Opposing Viewpoints:GPS and Civil Rights Can Not Co-GPS and Civil Rights Can Not Co-

ExistExist We have an inherent We have an inherent

right to privacy and no right to privacy and no one should have to be one should have to be trackedtracked– Liberty means we can go Liberty means we can go

where we want to, when where we want to, when we want towe want to

Good on the Surface, Good on the Surface, but HUGE potential for but HUGE potential for abuseabuse

Creates a Big-Brother Creates a Big-Brother StateState

Opposing Viewpoints:Opposing Viewpoints:GPS and Civil Rights Can Not Co-GPS and Civil Rights Can Not Co-

ExistExist Tracking people is an Tracking people is an

undue loss of rights undue loss of rights because even if we because even if we track them crimes are track them crimes are commitedcommited– whose going to save a whose going to save a

child from a tracked child from a tracked pedophile the police or pedophile the police or a GPS receivera GPS receiver

Theoretically warrants Theoretically warrants will work but with the will work but with the new technology police new technology police are more likely to are more likely to convince a judge to convince a judge to get a warrantget a warrant

Car GPS TrackerCar GPS Tracker

Looking Ahead:Looking Ahead:The Future of Civil Liberties The Future of Civil Liberties

and GPSand GPS Civil Liberties are in limited Civil Liberties are in limited

danger for now…danger for now…

With the ruling in Washington, With the ruling in Washington, the courts are placing more the courts are placing more restrictions on GPSrestrictions on GPS

More use will force US Supreme More use will force US Supreme Court to answer the question of Court to answer the question of civil liberties and GPScivil liberties and GPS

Can Big Brother Watch?Can Big Brother Watch?

ConclusionsConclusions GPS and Our Rights: GPS and Our Rights:

– The Debate Centers on whether Motion is Public or Private The Debate Centers on whether Motion is Public or Private TrackingTracking

The Science of GPS: The Science of GPS: – 3 Methods3 Methods

Reciever/Ankle MethodReciever/Ankle Method Chip MethodChip Method ObjectsObjects

Case StudyCase Study– Washington Supreme Court says Warrants are Required Washington Supreme Court says Warrants are Required

Opposing ViewpointsOpposing Viewpoints– Important Arguments on Both Sides…No Consensus Important Arguments on Both Sides…No Consensus

even within the ACLUeven within the ACLU

Looking AheadLooking Ahead– New Technology brings with it new problemsNew Technology brings with it new problems

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2003 <www.FindLaw.com/aronson/20030917.html>. 2003 <www.FindLaw.com/aronson/20030917.html>. Ko, Marne. “Keeping Tabs on Dangerous Parolees.” Report Newsmagazine Alberta. 4 Feb. Ko, Marne. “Keeping Tabs on Dangerous Parolees.” Report Newsmagazine Alberta. 4 Feb.

20022002 Hilden, Julie. “Chipped: What Legal Questions Are the New Chip Implants.” 14 May 2003 Hilden, Julie. “Chipped: What Legal Questions Are the New Chip Implants.” 14 May 2003

<www.findlaw.com/hilden/2002514.html><www.findlaw.com/hilden/2002514.html> Estrada, Heron. “Tracking Criminals with GPS Welcomed.” Star Tribune. Minneapolis. 10 Estrada, Heron. “Tracking Criminals with GPS Welcomed.” Star Tribune. Minneapolis. 10

Jan. 2004.Jan. 2004. ““Tracking Device Allowed as Evidence at Trial.” LA Times. 18 Feb. 2004.Tracking Device Allowed as Evidence at Trial.” LA Times. 18 Feb. 2004. Doherty, Brian. “Warrantless Tracking.” Reason Magazine. August 2003.Doherty, Brian. “Warrantless Tracking.” Reason Magazine. August 2003. ““Something to Watch Over You.” The Economist. 17 August. 2002Something to Watch Over You.” The Economist. 17 August. 2002 Protech Website. Protech Website. www.ptm.comwww.ptm.com ““In Landmark Ruling, Washington Supreme Court Says Police Need Warrant for In Landmark Ruling, Washington Supreme Court Says Police Need Warrant for

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Sources Used Most Heavily although other sources read as backgroundSources Used Most Heavily although other sources read as background

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