The American Civil Liberties Union filed a Freedom of Information Act request with the FBI seeking details of its surveillance policy — who it spies upon, and how, and under what circumstances. The FBI sent back two 50+ page memos in reply, each of them totally blacked out except for some information on the title page.
In a 12-minute video posted online, Weissmann spoke about two memos: one focused on the use of GPS tracking on forms of transportation beyond cars, the other regarding how Jones applies to tracking methods outside of GPS (presumably like cellphone ping data).
"Is it going to apply to boats, is it going to apply to airplanes?" Weissmann asks in the video. "Is it going to apply at the border? What's it mean for the consent that's given by an owner? What does it mean if consent is given by a possessor? And this is all about GPS, by the way, without getting into other types of techniques."
And those questions remain wholly unanswered.
"The Justice Department's unfortunate decision leaves Americans with no clear understanding of when we will be subjected to tracking—possibly for months at a time—or whether the government will first get a warrant," Catherine Crump, an ACLU staff attorney, wrote on Wednesday.
FBI to ACLU: Nope, we won't tell you how, when, or why we track you [Cyrus Farivar/Ars Technica]