When you carry a cell phone with you, you’re constantly broadcasting your whereabouts. That’s OK when it’s your cell phone provider and you’re receiving a call. But it’s not OK when it’s law enforcement tracking you without a warrant.

Police use of cell phone tracking data has become of great concern nationally. Maybe you heard the story about it on last week’s “On The Media” show on National Public Radio.

The government is claiming that when you agree to have a cell phone, you’re agreeing to tracking.

We say, police can get tracking data from providers ONLY if they have probable cause and a warrant from a court.

Is Vermont law enforcement getting tracking data from the cell providers operating in Vermont? We don’t know, so we asked the Attorney General’s Office, through a public records request, whether they are utilizing this tool.

The Attorney General’s Office told us any records that they might have are exempt from disclosure. We disagree, and filed suit to contest the denial.

The implications of government’s ability to track us through our cell phones is chilling. Maybe if we knew that’s happening here in Vermont, we’d turn them off.

Lawsuit documents:

• Our request to the Attorney General (Feb. 5, 2010) [PDF]
• The Attorney General’s denial (Feb. 11, 2010) [PDF]
• Our administrative appeal of the denial (Feb. 11, 2010) [PDF]
• The Attorney General’s final denial (Feb. 19, 2010) [PDF]
• Complaint, ACLU of Vt. v. Office of the Att’y General, No. 184-3-10 WNCV (Vt. Super. Mar. 15, 2010) [PDF]