Policy

FBI's Surveillance Strategies "Privileged and Confidential"

How they've responded to Supreme Court decision that GPS tracking devices count as searches is undisclosed

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The President Barack Obama administration's surveillance strategy in the wake of the Supreme Court's that the installation of a GPS tracker on a vehicle amounted to a search under the Fourth Amendment remains "privileged and confidential," the Justice Department claims in newly released memos.

What has been made public is that, following the high court's January 23 decision, the Federal Bureau of Investigation pulled the plug on some 3,000 GPS trackers. The bureau's general counsel, Andrew Weissmann, while speaking at the University of San Francisco last year, acknowledged that fact at a legal symposium last year.

He also said the government issued two memos on how to proceed following the so-called "Jones" decision — memos the government now claims are not for public consumption. What that boils down to is this: If the government told you how it was spying on you, it would have to kill you.