Yasir Afifi, a 20-year-old computer salesman and community-college student, took his car in for an oil change earlier this month and his mechanic spotted an odd wire hanging from the undercarriage. The wire was attached to a strange magnetic device that puzzled Afifi and the mechanic. They freed it from the car and posted images of it online, asking for help in identifying it. Two days later, FBI agents arrived at Afifi's Santa Clara apartment and demanded the return of their property - a global-positioning-system tracking device now at the center of a raging legal debate over privacy rights. One federal judge wrote that the widespread use of the device was straight out of George Orwell's novel Nineteen Eighty-Four." By holding that this kind of surveillance doesn't impair an individual's reasonable expectation of privacy, the panel hands the government the power to track the movements of every one of us, every day of our lives," wrote Alex Kozinski, the chief judge of the 9th U.S. Circuit Court of Appeals, in a blistering dissent in which a three-judge panel from his court ruled that search warrants weren't necessary for GPS tracking. In his dissent, Chief Judge Kozinski noted that GPS technology is far different from tailing a suspect on a public road, which requires the active participation of investigators. "The devices create a permanent electronic record that can be compared, contrasted and coordinated to deduce all manner of private information about individuals," Kozinksi wrote.
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