GPS Tracking for Sex Offenders and Restraining Orders

What first seems like a common sense use for a valuable technology may in fact set a dangerous precedent for everyone. There are some who would like to use GPS technology to keep track of sex offenders and those who have had restraining orders placed upon them. In fact some states have already implemented this practice and more are likely to jump on the bandwagon. While I do not disagree with tracking of convicted felons as a condition of their parole, they are getting out early after all, I do feel that we should watch this trend very closely. By tracking offenders after their parole is up or individuals who have not been convicted of any crime as in the case of restraining orders, we are opening a door for the government to infringe on our privacy and civil liberties.

First let's consider how easy it is to get a restraining order in some states, and please keep in mind that each state has their own laws regarding restraining orders. Many a man going through a rough divorce has been barred from entering his own home or seeing his children based strictly on a statement by his wife that he has threatened her or the children. Perhaps this accusation is often true, but I am certain that this is not always the case. In some cases a restraining order may be enacted without any knowledge by the restrained person until he is served the order, meaning he may have never had any chance to refute the claims. Some restraining orders even have "relinquish firearms" provisions which means the subject has to turn any firearms and ammunition over to the authorities even though there may have been no crime.

Next lets consider the actual usefulness of tracking the individual. Individuals intent on doing bodily harm seldom let a restraining order stand in their way, hence the desire to track the individuals. The problem is, in my opinion, that GPS tracking will do very little to discourage violation of a restraining order by a determined individual. The tracking system would use a geo-fencing feature that could alert authorities if the 'offender' enters a restricted area, such as the victim's work place or neighborhood. However unless the 'victim' is also wearing a GPS tracker or carries a proximity alarm of some type the technology will only be helpful if the 'victim' is in one of the restricted areas. The record produce by the tracking system could prove useful as evidence in case the offender does violate the restraining order. Not much consolation to the victim perhaps, but it might help get a bad guy off the streets.

As with any technology GPS tracking can be used for good or bad we just need to be aware of the bad so we can make sure any laws that may pass contain provisions to protect law abiding citizens. I don't object to tracking someone who is a real threat to someone else but I think the threat should have to proven. A restraining order is not the same a criminal conviction where the accused has had the opportunity to provide a defense and face his accuser therefore they should not be able to infringe on any Constitutionally or God given rights.

In closing I think GPS may be appropriate for violent criminals on parole or out on bail and for individuals who have already violated a restraining order. GPS tracking is not appropriate in cases where there is no compelling evidence of a threat to the safety of the person requesting the order.

Links
Bill for GPS Tracking on Restraining Order Violations Could Head to State Legislature
A GPS Tracking System Could Assist with Restraining Orders
Wikipedia - Restraining order

The Government Wants to Track Your Car With GPS

Several states are looking into fitting GPS transponders in new cars to track where you drive. Their reasoning for this is so the government can tax the miles you drive instead of relying on the diminishing revenue they are getting from the gas tax since people have begun to drive more fuel efficient cars. While at first blush taxing the miles you drive instead of how much fuel you burn seems to make since. If you drive more miles then the other guy then you are causing more wear and tear on the road regardless of how fuel efficient your car is. The problem is how to track the miles you drive. Apparently not content to rely on the honor system and allow motorists to report their mileage when they renew their car registration (or check the frickin' odometer) certain politicians want to hook a GPS up to your car and track your mileage.

I'm not even going to get into whether we should be taxed for gas or for miles driven (check out MileHive.com for more), there is a much bigger problem with this scheme. The government will be able to track you everywhere you go. Of course government lackeys say that the GPS unit won't track you in detail and that law enforcement will not have access to the information, see the article in the Washington Post. The government supposedly doesn't have easy access to your private communications either right? Ever heard of a subpoena? Even if you don't believe that the boys in suits and dark glasses are surreptitiously logging every little thing you do, even a third grader knows that all law enforcement needs is an "anonymous tip" to get a subpoena and your private information in their greasy little hands.

The Oregon Department of Transportation employee in charge of that states project, James Whitty, dismissed privacy concerns by comparing it with the tracking capabilities of cell phones, stating that it hasn't deterred people from purchasing new cell phones. HELLO! You can turn off the locating system of your cell phone or just turn the phone off. If you really didn't want to be tracked you could leave the phone on and stuff it under the seat of a train heading to B.F.E. You wont have that option if the government requires you, by law, to allow your travels to be tracked. Disabling the GPS unit for any reason would likely be seen as an attempt to cheat "the man" out of his taxes and be punishable by law.

We have already given away too much of our privacy and freedom in the name of safety. Let's not do the same for the sake of smoother roads. Contact the lawmakers in your state and let them know that you DO NOT APPROVE of being tracked by the government, for any reason. There has got to be a better way to fix our infrastructure without stomping all over your civil rights.
See also:
5280 Denver's Magazine
MileHive.com
Washington Post