Christopher Soghoian, a graduate student at Indiana University's School of Informatics and Computing, has made public an audio recording of Sprint/Nextel's Electronic Surveillance Manager describing how his company has provided GPS location data about its wireless customers to law enforcement over 8 million times. That's potentially millions of Sprint/Nextel customers who not only were probably unaware that their wireless provider even had an Electronic Surveillance Department, but who certainly did not know that lawenforcement offers could log into a special Sprint Web portal and,without ever having to demonstrate probable cause to a judge, gain access to geolocation logs detailing where they've been and where they are.

Through a mix of documents unearthed by Freedom of Information Act requests and the afore mentioned recording, Soghoian describes how "the government routinely obtains customer records from ISPs detailing the telephone numbers dialed, text messages, emails and instant messages sent, web pages browsed, thequeries submitted to search engines, and geo location data, detailing exactly where an individual was located at a particular date and time."

The fact that federal, state, and local law enforcement can obtain communications "meta data"—URLs of sites visited, e-mail message headers, numbers dialed, GPS locations, etc.—without any real over sightor reporting requirements should be shocking, but it isn't. The courts ruled in 2005that law enforcement doesn't need to show probable cause to obtain your physical location via the cell phone grid. All of the aforementioned metadata can be accessed with an easy-to-obtain pen register/trap &trace order. But given the volume of requests, it's hard to imagine that the courts are involved in all of these.

full article here