----- Original Message ----- Sent: Tuesday, November 18, 2003 9:56 AM Subject: :new spying case
>
>
>Just in case anyone (or anyone's client) has a car with an on-board
navigation
>system, be warned the government is trying to gain access to a special
feature
>of the system that allows eavesdropping on all conversations inside the
car.
>
>In an orwellian new case today, an unidentified company called "The
Company"
>fought a district court order that required The Company to let the
government
>use the system to spy on an unidentified "customer" in "a certain
vehicle."
>Judge Berzon just barely reversed the district court because the relevant
>statute only allows the government to demand cooperation by third parties
(such
>as the technology company) where it results in minimal intrusion. here,
when
>the government was using the system to spy, the rest of the system's
functions
>were disabled, which was more than a "miminal intrusion."
>
>Tallman dissented. Case is "In re: In the Matter of the Application of
the
>United States for an Order Authorizing Roving Interception of Oral
>Communications," No. 02-15635.
>
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