America weakens the right to privacy on private property.
The U.S. Court of Appeals has ruled that in eight western states, from the chilly north of Washington to the south of sunny California, the American government can covertly monitor its citizens by attaching GPS bugs to their cars without needing a search warrant. This even applies if the car is parked on a private driveway.
This right to sneak onto private property for the purpose of attaching bugs has alarmed civil liberties campaigners in the eight states affected by this ruling. In addition they are deeply worried by the ruling that once a GPS is in place, Government agents are free to covertly track anyone they want, whenever they want without the need for a warrant. This has led to angry cries that this takes America "a step closer to a classic police state".
The United States Court of Appeals for the Ninth Circuit ruling decided that a driveway was not private, as it was open to strangers such as delivery people and neighbourhood children. One dissenting judge pointed out that this effectively penalised poorer people who cannot afford to build walls or fences around their property. If there is a wall and gate, agents are not free to pass them without a warrant.
While the west coast heads in one direction, the U.S. Court of Appeals for the District of Columbia Circuit on the east coast also ruled on a similar case this month. However they took the view that that a warrant is required if the state wishes to track GPS movements for an extended period of time.
Because the two rulings are diametrically opposed to each other it is likely that the Supreme Court will be required to step in before this potentially divisive issue is resolved.
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