Man Finds GPS Device on His Car; FBI Demands it Back (Arron's submission)
by Kelley VlahosOctober 08, 2010 06:41 AM (PT)Topics: Civil Liberties, Criminal Justice in the Media, Supreme Court, Terrorism, War on Terror
It was like a scene out of The Matrix. Less than 24 hours after 20-year-old Yaser Afifi found what looked like a global positioning system (GPS) tracking device lodged underneath his car and put photos up on the Internet to try and identify it, the Men in Black were seen poking around in his driveway. After a brief, seemingly innocuous exchange with them, he drove off, only to be pulled over minutes later by police wearing bulletproof vests and traveling in unmarked SUVs. The FBI wanted their tracking device back.“We’re going to make this much more difficult for you if you don’t cooperate,” one agent supposedly told Afifi when he asked whether they had put the GPS under his car. Afifi shared his story with Wired magazine this week.
Afifi's experience may seem out of the norm for law enforcement activities, but it is not, so far, outside the law. The courts have offered mixed rulings on whether the government can secretly affix cars with GPS without first seeking a court order. For example, the U.S. District Court for the District of Columbia ruled last month that the government could not monitor individuals in their vehicles without a warrant, but the Fourth District and Ninth Circuit Courts ruled over the summer that it could.
Legal experts say that in order to make the practice -- or the restriction of it -- uniform, the U.S. Supreme Court needs to step in. Afifi contacted the ACLU soon after he discovered the device and was told his was just the kind of case "we throw lawyers at" in hopes of getting the issue an airing before the High Court.
Afifi, who is a native U.S. citizen of Egyptian descent, is a marketing student at Mission College in Santa Clara, where he also resides. His father was the president of the Muslim Community Association in Santa Clara before he moved the family back to Egypt in 2003. Afifi returned to the States to pursue an education and says he works to help provide for his brothers overseas.
He told Wired that he was contacted two years ago by an FBI agent who said they had an anonymous tip that he might be a "threat to national security." Afifi said he would be willing to answer their questions after consulting his lawyer. He never heard from them again. (Read more after the jump.)
Until now. He said his car was on a lift at the auto repair shop when the GPS device was detected. He and his friend put pictures online with hopes of getting the geek community to weigh in on what exactly it was.
"It's a Guardian ST820. It's a GPS tracking unit made by the company Cobham, the product line is called Orion," wrote a commenter by the name of "jeanmarcp." "Sales (are) restricted to army and law enforcement ... yes, FBI or Police is after you."
Wired confirmed with an ex-FBI agent that the photos of the device indeed depicted an older model tracking device, though the agent insisted the FBI in this case must have obtained a warrant before putting it on Afifi's car. Maybe, maybe not. When contacted by the publication, the FBI would not confirm ownership of the device, nor whether its agents had been at Afifi's apartment.
Though the cases tried in federal court so far have involved illegal drug dealing, this latest example might indicate a broader use of warrantless vehicle surveillance in the FBI's domestic terrorism operations. Critics say it looks like another form of FBI intimidation in the Muslim community under the guise of "homeland security." But because of the secretive nature of counter-terrorism post 9/11, it may be some time before we know how widespread the practice really is.
Some QUESTIONS to consider (but not to limit you):
1. Should GPS monitoring be allowed unconditionally, or with a court order?
2. Is it fair to target Muslims, or people who are "connected" to the Mid-East?
3. How would you make this decision (give back or not)?
4. Should Afifi give it back? Must he give it back?
5.Does this make you feel better or worse about he FBI?
Photo Credit: Yaser Afifi
Kelley Vlahos is a writer for Change.org. She also writes for Antiwar.com and is a contributing editor for The American Conservative. http://criminaljustice.change.org/blog/view/man_finds_gps_device_on_his_car_fbi_demands_it_back
I don't think that GPS monitoring should be allowed without the person being targeted knowing and being okay with it. I also do not think that it is fair to target people with connections to the Mid-East. A white person whose family has lived in America for generations are just as likely to partake in criminal activity, so not only is it unfair to target Muslims, the FBI is not going to find as much as they would if they targeted people based on more important details than their race. He should not give it back, because it is so unfair that he was being tracked without knowing it. He does have to give it back however, since it is the FBI's property, and they are only sold to the police and FBI. This makes me feel worse about the FBI, knowing that they can do things like this whenever they want to.
ReplyDeleteI don't think that the gps monitoring should be allowed without a warrant because it is like following someone for a certain reason, without the person knowing about it. Think about it this way i guess, what if you wer eunder investigation by the FBI and didn't know it and they put a tracking device on your car...would you be okay people from the middle east jsut because they are with it? I know I wouldn't. Also, when dealing with nationalities, it is unfair to target the not born into the United States. When answering the question about should he give it back to the FBI, I don't think he should because it proves to everyone that each person has to be more cautious with their everyday life and also if this were to happen to you, you would know from this investigation that these types of tracking devices are from certain agencies. I believe that the FBI is trying to push their limits when it comes to not having a warrant. I would hope that they know the "rules and regulations" but hopefully abide by those rules. This case defaces the FBI a little but they still remain a powerful agency.
ReplyDeleteIt is completely unfair as well as inappropriate for the FBI to try and monitor people's lives without them knowing. The FBI has no right to attach a tracking device to someone's car secretly, based on that someone's race and possibly an anonymous tip. If it were me, I would give that tracking device back as soon as I could and get it as far from me as possible! The FBI's decision to put the device in place was badly thought out, as not there will be more distrust of the FBI it's self, seeing as they cannot control what happens to the device once it is in place. It is very disappointing to discover that the FBI is conducting investigations based primarily on race but more than that it is frightening. Frightening both to know that yes there are people out there who the FBI should be tracking but more frightening to know that more often then not they are tracking the wrong people! The very fact that the FBI can invade our lives in this way is frightening and makes everything feel corruptible and nothing feel safe. However there is always the flip side, that what if, by this outrage, this invasion of privacy, somewhere a criminal was caught? How can we react negatively then? How many bad things can be forgiven by one good thing?
ReplyDeleteI also don't think that GPS monitoring should be allowed with permission from the person from the person with the GPS. It is sort of creepy for that person to know that they are being tracked during the day for everything they do. My choice would be to keep it and in my opinion I think that Afifi should keep it. However the FBI owns that tracking device and Afifi could get in trouble for not returning it. Basically my main point from this article is that having a tracking device for people is weird unless the person is aware of the circumstances. This article and main point makes me feel worse about the FBI because I know I would feel uncomfortable if that happened to me and Afifi did too. Also, this makes me feel worse about the FBI because now I know that they have these devices or whatever the thing it is and they are allowed to use them whenever.
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ReplyDeleteHere are a few comparisons to other cases. Firstly, police are never allowed to go inside someone's house without permission. Is this very different? How far does the line between security and personal privacy extend? Police are allowed to follow people, and there are often security cameras all over the place. Also, police commonly use people's cellphones to track them. Is using a device that the person already owns very different from putting a new form of tracker on them?
ReplyDeleteFor the trackers on cars, I think the police should be allowed to do it with a court order, but otherwise they shouldn't use this method, as it can be discriminating, and unfair on the general public. There are some extreme cases in which it's very urgent and important for the police to be able to act very quickly. These cases are very rare, though, and it all depends on the context. In this particular case, the police had no right to place the GPS on the man's car. It showed discrimination against Muslims that should not be seen in the FBI. Imagine the government was worried about Communism, and they used contemporary technology to to trace down people who they thought had unions? Why does it some how seem so terrible in this case, yet acceptable to do it to Muslims?
If it were me, then I think I would give it back, because it wouldn't mean that much to me to keep it, and after all, the FBI needs it much more than me! Also, unless they have really mistreated you, why make a huge commotion and try to keep it. It would be safer and easier to let it go, since there is not a very strong reason why you should keep it. It is up to Afifi whether he should give it back, though I think he really doesn't have much choice. No government is perfect, and I think we are really privileged to live in a country where we have a lot of freedom, and a government which is not (for the most part) corrupt. If this is the worst we have to complain about, it's pretty lucky compared to a lot of other countries in the world.
The FBI should not be allowed to monitor people's lives without the subject's knowledge. Unless they have been suspected (with firm proof and evidence) of having commited some sort of serious crime, they should not have to resort to that sort of thing. Affi should have the choice of whether he should give it back or not, and should not be forced to give it back. If the FBI want it back and threaten that things could be more difficult if he doesn't cooperate, then why did they put it under his car in the first place?!
ReplyDeleteI believe that gps monitoring needs to be cleared with the person, and not just done out of the blue. Targeting Muslims is wrong. If people just make assumptions that these people are affiliated with terrorists or something, that is absolutely deplorable. It is wrong to target someone based off of an assumption. Affi did the right thing by posting photos on the internet, as he wanted to know what is was. If the government wants to threaten someone, they need to do it not based off of an assumption, but by background research, To say that he is a "threat to national society" is just wrong. This article makes me feel a whole heck of a lot worse about the FBI. The fact that they can put someone through what they out Affi through just because he is Muslim is sickening.
ReplyDeletePrevious to this, I didn't really know about GPS tracking used by the government. I think that it should only be used by court order. I do trust the FBI, but court orders would make it so that the tracking would only be placed on cars of people who the FBI has evidence on, not just someone they are suspicious about. Racial profiling towards Arabs is a huge problem in this country. Not much, however, can be done about it unless actions are approved by a jury or an unbiased judge, because everyone racially profiles consciously or subconsciously. If I were Afifi, I would give the FBI their tracking device; they are a very powerful government agency. Until laws are made about these trackers, the FBI has done nothing illegal, and I think Afifi is obligated to bring it back. This doesn't change the confidence I have in the FBI because there are racial profilers in all government organizations, and it isn't necessarily the agency's fault. I chalk it up to a single or couple of officers, not the FBI.
ReplyDeleteThe FBI probably put this GPS onto Afifi's car around the time they called him to inform him that he was considered "threatening." I know that we shouldn't discriminate against Muslims and we as a country hope that our government is not biased, but the FBI has reason to be suspicious. Ever since 9/11 american citizens have never been completely at ease when they come across a Muslim. Lots of Americans still see Muslims as terrorists in our country. I think that the FBI should have gotten a warrant to attach the GPS to the car. From the article it makes the FBI sound like they're the bad guys, but the article says the FBI were concerned with Afifi being a "threat" without telling us the reasons why they came to that conclusion. To me it sounds like we aren't getting the full story to make conclusions ourselves.
ReplyDeleteBefore I read this article, I didn’t know that the FBI used the GPS device to track potential criminals. Even so, I think the government should only use them with a court order. The use of the GPS tracking device should not be allowed unconditionally. It is incredibly unfair to target those that are foreign, Muslim, or from the Middle East. This is discrimination and very racist. If it were me, I would give the GPS back. If I didn’t return it, I would probably get in more trouble than I already was in. Afifi should give the device back. It does belong to the government, and by not returning it, he might be charged for robbery. Even as a little girl, I have looked at the FBI as a figure of security and protection. It is hard for me to change an opinion I have carried for so long. This article did not alter my thoughts of the FBI, and I still believe them to be the protectors of America, always doing things for the good and chasing “bad guys.” It is also true that the article did nothing to ease the confusion of whether Afifi was guilty of something or not. The FBI may have flaws, and it is very important that they work hard to improve them for the better.
ReplyDeleteTo me this is unacceptable. I think that only with the permission of the person should they be allowed to be viewed unless they have substantial evidence only then should they have to get a court order. I think that Afifi should not give it back in order to us it as evidence in a lawsuit he should file. This is an example of the FBI singling out someone who is connected to the Mid-East just because of his heritage. This makes me feel like if I were from the Mid-East I would be pretty scared that maybe I would be tracked. Afifi needs to take this to court because this is a violation of multiple laws I am sure.
ReplyDeleteI think that is wrong for GPS monitoring to be allowed unconditionally, but how else could it work? Yes, a court order would be nice, but if the person being targeted really was a threat, then if they knew that they were being tracked they would just ditch the car. Yet it still does seem wrong for the FBI to just be randomly stalking people. It is even more wrong for them to target people who are connected to the Mid-East. Afifi’s family were respected members of the community. He was a normal person, not a terrorist. Targeting people for just being Muslim or something because of 9/11 is just like the Japanese camps in WW2. Just because you are connected to a country does not share its beliefs, or often just the beliefs of some people in that country. I personally would give it back though. It would be one thing if it was just some random racist stalker who had gotten hold of a federal GPS system, but this is the FBI. So I think Afifi should give it back. This is unfair, a violation of his rights, but he has to give it back. This makes me feel worse about the FBI. It shows that they’re racist, or at least biased on race or religion. What happened to “innocent until proven guilty?”
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ReplyDeleteThis article was surprising to me, because I thought that the fear of another 9/11 had died down. This proves to me that the country is still in fear of another country, one that we are fighting, and the government is taking that fear out on citizens of the country. I believe that the GPS monitoring shouldn’t be allowed because it is a breach in any person’s security and life, unless the FBI has a court order to do so.
ReplyDeleteIt is not fair at all that the targets for the FBI are mainly Muslims or people who come from the Middle East because targeting any minority to prove that that person, or group, is/ are criminal(s) is racists. I would give it back to the FBI, because it is their tracking device, and as long as I haven’t done anything illegal then I know it will be safe. Afifi should give it back to the FBI because if he felt comfortable telling this story to the world, then he probably would feel comfortable giving the device to the FBI. This makes me feel worse about the FBI because now I know that they continue to track people whom are from that part of Asia.
It is definitely understandable that there are still prejudices toward Muslims, because of 9/11. Although it is wrong, all prejudices take time to disappear. I think that GPS monitoring should be allowed unconditionally if it is being used to track someone that has been showing themselves to be a threat to the nation's security. I do not think that GPS monitoring should be allowed if someone is simply a religion that people have prejudices against. It is definitely not fair to target Muslims or anyone connected to the Middle East, because it is unfair and just silly. Overall, the prejudice toward Muslims does live on since 9/11 and the people of the U.S need to work harder to eliminate it.
ReplyDeleteIt is quite creepy that the FBI would put a GPS monitoring system under a target’s car. Anyone who would have that happen to them would be a little frightened but the fact is that they targeted a Muslim not just a totally random person. It should not be allowed to put a GPS monitoring system under a person’s car without a reason. If there is no reason and no court case letting the FBI do this then it should not be allowed. Just imagine finding a system which is monitoring your life under your car, how would you feel? It is also not fair to target Muslims. Like Audrey said, anyone could take part in criminal activity and it is unfair that the FBI decided to target someone from the Mid East. This makes me feel worse about the FBI. It is strange that they would randomly put a monitoring system under a person’s car. It is also weird because all Afifi wants to find out is why they did this and the FBI decides not to answer. I think this whole situation is racist and very unfair to Afifi.
ReplyDeleteI don't think GPS monitoring should be allowed unconditionally. The only reason they should be allowed to do this if the suspect has criminal records in their background check. I also think it is unfair to use racial profiling to determine how dangerous someone is, or make assumptions of who they are. Afifi should give the GPS system back because if he doesn't, it gives the FBI an excuse to be tracking him. When he doesn't give it back, he's not cooperating with the government, and could be a terrorist. This doesn't change how I feel about the FBI, because I feel like I don't know the other side of the story.
ReplyDeleteThis is a classic case of two things: racial profiling and the government believing that they can do anything as they wish. There is no denying that a major reason that this happened was that he was of Egyptian descent. Also, the government believes that they can do as they wish because they are the ones who uphold the law. A warrant should be required simply because otherwise racial profiling becomes a major issue. Also, if he is such a threat, then why risk being tricked and not simply take him in. the FBI's logic simply doesn't make sense.
ReplyDeleteGPS monitoring should be allowed only with a court order. The necessity of the court order would cause the FBI to need evidence before placing a GPS. In the case of Afifi, based on the article, it sounds like the FBI did not have any evidence supporting why why placed the GPS under his car. This surprises me that the FBI would take such serious actions toward tracking Afifi without any real evidence. I don't think it is fair to target Afifi, or any Muslims, just because they are Muslim. Despite Afifi being in a difficult situation, being wrongly judge based on his religion, I do believe that he should give back the GPS. I think this because if he doesn't give it back it would just cause more trouble for him.
ReplyDeleteIt's always really disappointing to hear about actions being taken against people from other cultures and places for no real reason. Though 9-11 was a horrific experience for the United States, it is irrational to believe that every person from the Middle East is a terrorist. Though I understand that safety precautions must be taken to protect the country, this particular example seems extreme and unfair to Affi. Unless there is very real information and evidence painting Affi as a connection to terrorism, there is no reason to be monitoring a man. This leads me to believe that GPS monitoring should only be allowed with a court order, since, presumably, the court would only grant permission if there was reasonable evidence against the person potentially being tracked. However, I do believe that Affi reacted in the best way possible. By giving back the device, he showed cooperation with the FBI which may help his case. Though he was forewarned, he was not told about potential tracking, which to me seems very violating. I hope this story helps helps raise more awareness of action being taken against the innocent and helps there be more action taken on laws preventing this from happening again.
ReplyDeleteI do not think that GPS monitoring should be aloud without the subjects knowing. It is a complete violation of privacy. If the person knows and is comfortable with the FBI putting the GPS in their vehical only then should it be aloud. This is just another example of someone being judged or violated based on their racial identity. I believe that this all connects with 9-11. It was a terrible time, and yes Osama Bin Ladin - a Muslim was the cause of this incident. However,this has made people paranoid and it is unfair to anyone of the middle east. There is no doubt that this incident definitely had something to do with Affi being of Egyptian descent. If there is no proof that shows Affi is somehow connected with terrorism, then it is completely disrespectful for him to be monitored. In the future we need to be more careful with judgement based on ethnicity and GPS monitoring should not be aloud without the subjects agreement. This will help prevent incidents such as this one.
ReplyDeleteLooking over the first few lines of the posted comments, it seems that mostly everyone believes that it is wrong to track someone without a warrant or the suspect's knowledge of them being tracked. I must say, however, I cannot agree with what has been said. As proved in this article, what occured at 9/11 cannot just be easily forgotten. Regardless how long it has been since the incident, the impact of it all remains strong even to this day. It is understandable that Afifi is astonished on the amount of fear the FBI holds on people with Middle-Eastern background. Not everyone with this background is necessarily a threat to American society; nevertheless, the FBI has every right to ensure that they are not threats. Being tracked may seem invasive, but if someone is innocent, they have nothing to worry about. Since Afifi is innocent, the FBI would eventually cease tracking him. He performs his daily routine, the FBI watches him and will conclude he is innocent. It is better to ensure that he is innocent than to assume he is. It would make no sense for the FBI to have to get "permission" from the person to watch them. If the person were guilty, they would cover up for the time the FBI watches them, then once the tracking ends they would continue performing illegal acts. Tracking a suspect without them knowing should be allowed because there is no other way to know for sure whether or not they are harmful to the society.
ReplyDeleteFirst of all, GPS tracking should be allowed in general as long as the person being tracked knows that he/she is being tracked. In this case, he didn’t know he was being tracked and I believe that it is wrong that he was tracked without his formal consent. Second of all, specifically targeting people of a certain race is called “racial profiling” which is wrong and frowned upon. This is wrong because the FBI had no other reason to track him other than the fact that he was of Egyptian decent and is Muslim. I would hate, just because I am white to be targeted for something that other white people typically did (wrong or right). Now, I personally would have given the devise back to the FBI if they made such a fuss about it because I would have no real personal use for it. By law, I think that Affi has to give back the GPS devise back to the FBI. He should give the devise back too why else would he want it. The moral of this story is, don't GPS monitor people unless they have formal consent and also, if you plan on tracking someone’s car, hide the devise well enough so that they can’t find it. I mean really they are the FBI how silly could they be. (joke: I don’t really mean that I was being sarcastic adding a little humor to the subject)
ReplyDeleteGPS tracking allows for law enforcement to moniter the movement of suspected threats to the nation. If the monitered personel (a criminal) knows that he or she is being tracked, then they will stop doing whatever it is that is getting them tracked. My point is that once someone knows that they are being watched, they won't attempt to do anything suspicious. This behaviour is the same as that of children under the supervision of teachers, they won't try anything that will get them in trouble unless out of sight.
ReplyDeleteThe only thing that bothered me was that they were tracking somebody that seems to be innocent. Most likely, the FBI made this decision from the fact that he has connections with a Muslim group.
Yes, America is a democracy. This means (supposedly) equal rights for all people: rights to freedom of speech, pursuit of happiness, and also the right to privacy. These rights are what hold our country together, but it is also our greatest problem.
ReplyDeleteThis example of the GPS system is another invasion of privacy. Should it be legal? Our government has the duty to protect us, but monitoring us is a violation of one of our fundamental rights. While national security is important, and thus this should be legal, violating our privacy without due reason should be illegal. In Afifi's case, the evidence suggests that there was no reason for the FBI to target Afifi except his ties to the Middle East. This is a case of racial profiling, and completely unfair. However, the FBI can't be blamed, as this incident was probably just part of a general security net they have put up to protect US. Also, they are one of the most powerful organizations in the world so attacking them would be pretty hard (just kidding).
Whether or not he should give it back isn't really the important part of this article, but in general he might as well give it back because it'll just mean more trouble for him if he refuses to give it back.
In my opinion here the FBI was just acting in the best interests of the American people, so I don't hate them for it. They should just be more careful about what they stick their nose into, and make sure they don't cross the fine line between national security and personal privacy.
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ReplyDeleteHello
ReplyDeleteWhat in the world justifies the FBI monitoring a random guy!?!?!?! Cops.... Popos....
Well anyway I am not surprised this man had leaked these pictures. I think it is funny how he wanted the "geek community" to investigate this GPS. What i wonder is just if there is something behind this article. I mean the FBI would not just stick a GPS under some guy's car... there is got to be a reason. I feel this article is not exactly factual and fairly biased to the FBI organization. They had not exactly shared both sides of the argument. I am sure the FBI had something to say about this. As a muslim myself, I think it is unfair to quickly target a reputed organization as being stereotypical. Such an accusation is inaccurate and very biased. Although the GPS monitor was not called for, I would definitely give it back in attempt to avoid more chatter.
Thank you for reading my post.
I do think that this should not be allowed to do to people that do not have a criminal record and that lead a normal life. i think that targeting Muslims is racist and makes the FBI look bad when they do this. Racism happens like this all the time, like at the airport with the "random searches" and so on and so forth. the FBI have every right to do this type of thing if they have a good reason to, but putting GPS's on random cars is just making them look bad.
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