Montana Supreme Court Notes 
Ability to Track Everyone
Justice 
James C. Nelson was asked to rule a case where a suspect's trash that had been 
discarded. The contention was whether the evidence contained within someone's 
trash can be used against them in a court of law. While Justice Nelson affirmed, 
he felt compelled to express the growing realm of trackability and loss of freedom, 
issues that are covered in this document. 
 
This is a fitting Opinion for inclusion in the Vanishing Point document since 
the ability to locate wanted individuals by their purchasing habits is always 
just around the corner, lacking only the motivation to instigate such measures. 
The technology is already there with -- as the Justice notes -- "discount 
cards" that are used by so many people to purchase their foods and other 
goods. 
 
  
http://portland.indymedia.org/en/2005/08/322625.shtml  
Justice James C. Nelson concurs. 
 
I have signed our Opinion because we have correctly applied existing legal theory 
and constitutional jurisprudence to resolve this case on its facts. 
 
I feel the pain of conflict, however. I fear that, eventually, we are all going 
to become collateral damage in the war on drugs, or terrorism, or whatever war 
is in vogue at the moment. I retain an abiding concern that our Declaration of 
Rights not be killed by friendly fire. And, in this day and age, the courts are 
the last, if not only, bulwark to prevent that from happening. 
 
In truth, though, we are a throw-away society. My garbage can contains the remains 
of what I eat and drink. It may contain discarded credit card receipts along with 
yesterday's newspaper and junk mail. It might hold some personal letters, bills, 
receipts, vouchers, medical records, photographs and stuff that is imprinted with 
the multitude of assigned numbers that allow me access to the global economy and 
vice versa. 
 
My garbage can contains my DNA. 
 
As our Opinion states, what we voluntarily throw away, what we discard--i.e., 
what we abandon--is fair game for roving animals, scavengers, busybodies, crooks 
and for those seeking evidence of criminal enterprise. 
 
Yet, as I expect with most people, when I take the day's trash (neatly packaged 
in opaque plastic bags) to the garbage can each night, I give little consideration 
to what I am throwing away and less thought, still, to what might become of my 
refuse. I don't necessarily envision that someone or something is going to paw 
through it looking for a morsel of food, a discarded treasure, a stealable part 
of my identity or a piece of evidence. But, I've seen that happen enough times 
to understand--though not graciously accept--that there is nothing sacred in whatever 
privacy interest I think I have retained in my trash once it leaves my control--the 
Fourth Amendment and Article II, Sections 10 and 11, notwithstanding. 
 
Like it or not, I live in a society that accepts virtual strip searches at airports; 
surveillance cameras; "discount" cards that record my buying habits; 
bar codes; "cookies" and spywear on my computer; on-line access to satellite 
technology that can image my back yard; and microchip radio frequency identification 
devices already implanted in the family dog and soon to be integrated into my 
groceries, my credit cards, my cash and my new underwear. 
 
I know that the notes from the visit to my doctor's office may be transcribed 
in some overseas country under an out-sourcing contract by a person who couldn't 
care less about my privacy. I know that there are all sorts of businesses that 
have records of what medications I take and why. I know that information taken 
from my blood sample may wind up in databases and be put to uses that the boilerplate 
on the sheaf of papers I sign to get medical treatment doesn't even begin to disclose. 
I know that my insurance companies and employer know more about me than does my 
mother. I know that many aspects of my life are available on the Internet. Even 
a black box in my car--or event data recorder as they are called--is ready and 
willing to spill the beans on my driving habits, if I have an event--and I really 
trusted that car, too. 
 
And, I also know that my most unwelcome and paternalistic relative, Uncle Sam, 
is with me from womb to tomb. Fueled by the paranoia of "ists" and "isms," 
Sam has the capability of spying on everything and everybody--and no doubt is. 
But, as Sam says: "It's for my own good." 
 
In short, I know that my personal information is recorded in databases, servers, 
hard drives and file cabinets all over the world. I know that these portals to 
the most intimate details of my life are restricted only by the degree of sophistication 
and goodwill or malevolence of the person, institution, corporation or government 
that wants access to my data. 
 
I also know that much of my life can be reconstructed from the contents of my 
garbage can. 
 
I don't like living in Orwell's 1984; but I do. And, absent the next extinction 
event or civil libertarians taking charge of the government (the former being 
more likely than the latter), the best we can do is try to keep Sam and the sub-Sams 
on a short leash. 
 
As our Opinion states, search and seizure jurisprudence is centered around privacy 
expectations and reasonableness considerations. That is true even under the extended 
protections afforded by Montana's Constitution, Article II, Sections 10. and 11. 
We have ruled within those parameters. And, as is often the case, we have had 
to draw a fine line in a gray area. Justice Cotter and those who have signed the 
Opinion worked hard at defining that line; and I am satisfied we've drawn it correctly 
on the facts of this case and under the conventional law of abandonment. 
 
That said, if this Opinion is used to justify a sweep of the trash cans of a neighborhood 
or community; or if a trash dive for Sudafed boxes and matchbooks results in DNA 
or fingerprints being added to a forensic database or results in personal or business 
records, credit card receipts, personal correspondence or other property being 
archived for some future use unrelated to the case at hand, then, absent a search 
warrant, I may well reconsider my legal position and approach to these sorts of 
cases--even if I have to think outside the garbage can to get there. 
 
I concur. 
/S/ JAMES C. NELSON 
_______________________________________________
 
It 
must be noted that there are many 
other ways to track you and me. 
Here 
are a few:
1. 
Your surfing on the web IS tracked and stored. Who uses it, and for what motive, 
is not entirely known I am sure.
2. 
Your photo scene of your home on Google.
3. 
Your location when passing under a stop light offense camera at intersections. 
It has been reported that you can spray your license plate with clear paint, and 
the camera will not detect it. It may have to be something special. I have no 
need to do this personally. You also may cover the plate with a plastic sheet 
inside an outer frame.
4. 
Your face recognition virtually anywhere, especially in stores. In many cities, 
cameras abound which could be connected to facial recognition technology.
5. 
Your credit card use, which has been noted above.
6. 
Your cell phone. It can be turned on from a distance and used to listen to you 
or anyone near you, even though the phone does not show it is "on." 
One way to tell when your cell phone is sending when it is off, or when you have 
not told it to send anything, is to put the antenna of a walkie talkie next to 
the cell phone. If the walkie talkie goes on, and you here static, your cell phone 
is sending. What, and to whom, and by whose command, are unknown to you. This 
works-- we did it.
7. 
Some cell phones, if turned on clandestinely, can send your GPS location, thus 
pin pointing you on the map.
8. 
The TV channels you watch on cable TV are tracked.
9. 
Every time you give your phone number to get a discount card, or when the hardware 
store asks for it, you may be tagged by someone in high places.
10. 
It is only a matter of time before someone invents a electromagnetic field "fingerprint" 
on every person. This may also be done with brainwaves. You will then be easy 
to track by EMF detectors.
11. 
All toll road payment tags, which are detected by camera, are undoubtedly available 
in a data base for the authorities to use to track you.
12. 
If someone is desperate to nail you for something, they can get your DNA if you 
spit, urinate in the woods, or from any body fluids left anywhere by you. Bill 
Clinton went through a period when he had to keep all cups he drank out of and 
clean every place he might have left body fluids because of the Monica debacle. 
There were people trying to nail him regarding semen on a garment belonging to 
Monica.
13. 
Scanning your Post Office mail could be done (the outside of the envelope). There 
are scanners that read handwriting quite well. You may want to send snail mail 
through a third party, or put no return address on letters.
14. 
You could be tracked by patterns of typos you make in writing. I have not heard 
of this yet, but I am sure it has been done in the past.
15. 
I trust you already know that words you use in blogs of web sites are being scanned 
by the Echelon dictionary which has been in use by US security agencies for many 
years.
16. 
In about 2001 I visited a man who had retired from the both the US Military and 
civilian military government service. He said that when he was in their employment, 
he was told that a satellite could read the shoulder patch on a soldier's uniform. 
He concluded they could do much better than that because the official information 
is never as extreme as the truth. Thus, since 2001, he concluded a satellite in 
space could read a postage stamp laying on a table outdoors.
17. 
Your conversation can be detected from virtually any distance from your home or 
vehicle if the detector has line of sight. This is done by bouncing a laser beam 
off of your sliding glass door. The glass reacts as a diaphragm and vibrates in 
response to your speech. The laser detection device translates this and records 
it. This is what is KNOWN. What is not known and still secret? No one knows that.
18. 
It is possible to pick up a conversation from a great distance with high tech 
microphones. This has been around for about fifty years and is easily purchased. 
The distance depends on how much you pay for the toy. How far away government 
agencies can do this is unknown for obvious reasons.
19. 
Finally, in case you have been on vacation to Mars for the past ten years, anything 
you do in the light, OR IN THE DARK, can be photographed by a cell phone and put 
up on YouTube. Infra red photography is becoming cheaper and cheaper. The government 
is not the culprit in this trick. It is any idiot passing by who sees you doing 
something he considers of interest to the worldwide web.
20. 
Your land line phone can be turned on and used to listen to you when you have 
the receiver "hung up." This is very old technology. The only way you 
can be sure it is really off is if it has a mechanical disconnect, or if you pull 
the plug.
21. 
Every time you swipe your credit card, your location is detected and stored. Credit 
card companies do this so that if your number is used in two locations at the 
same time, it will be blocked to protect you from fraud. The information is obviously 
available to government agencies also, and even marketing and advertising groups 
may use it to track your interests and target you for mailings.
22. 
Your driver's license, credit card, and passport (for sure) may have a chip embedded 
in them to detect your information by a remote device. This speeds up movement 
for travel and gives you a fool proof ID. But, it can also be scanned easily with 
equipment available for sale online, and the data used to empty your bank account 
or rob your ID from you. Obviously, government agencies will do more and more 
electromagnetic detecting as the years go by. To avoid detection and theft, cover 
the card or passport with heavy aluminum foil.
23. 
It is not yet common, but retinal eye detection will be coming. When we go to 
get a driver's license, we will have our retina photographed (if they don't already 
do it), and that will be used by security cameras to recognize us as we walk in 
public places.
Before 
going into less emotional issues, I have a suggestion-- when you make love to 
your wife, carry all cell phones to the other end of the house (or remove the 
batteries), close the drapes AND blinds, unplug the land line phone, turn off 
your computer, and pull the cable TV connection.
There 
are ways to avoid detection of course, but the more blank spots you make-- the 
more your footprints that are missing-- the more desperately the Hidden Hand will 
target you. Anyone who suddenly stops leaving tracks will be considered dangerous. 
I would suggest that, if you are entering an area that you do not want anyone 
to know you entered, leave your cell phone in the car and wear sun glasses.
If 
you want to make decoy tracks, it may be useful to pay for a cell phone and mail 
it to yourself from far away, or send it to a friend, and ask him to return it 
to you. 
Hiding 
is not a matter of duck and cover as it was long ago. It is now a matter of disconnecting 
with the world visibly and virtually. This has become more and more difficult. 
If your family is being threatened for God fearing zeal on your part, you may 
have to consider sending the family into another country. It may be that your 
family can find friends in your own country who will sustain them, but they will 
not be safe going out to do any of their own shopping, and they will not be able 
to communicate with you.
So, 
hiding should only be done as a last resort. If you have done evil, you deserve 
to be caught, but if you are being tracked for walking in a godly way which offends 
someone, you are wise to have a plan to disappear. You may also want to think 
of a way to send a ghost of yourself away from your location. I am not the expert 
on that, but some Googling should produce some ideas.
When 
buying something you do not want to be known to buy, you are at a great disadvantage. 
You may pay with cash, but if there is a store camera, and the item you buy is 
sensitive for any reason, you WILL be tracked. Buying ammo with cash may even 
be tagged via the cash register and the camera (facial identification software,) 
and your choice of cash payment may be seen as threatening.
If 
you want to have a totally confidential discussion with someone, the safest way 
it so write notes back and forth (INDOORS), and then destroy them. You must be 
able to assume that there are no cameras in the location. A verbal conversation 
is reasonably safe outdoors in a huge wide open area. Obama and Emanuel Rahm have 
all their confidential discussions outdoors. Obviously, take the battery out of 
your cell phone when you do this.
Understand 
this-- Virtually ALL tricks to track you and listen to you, and even detect your 
thoughts, were invented for innocent or legitimate reasons. Criminals are more 
devious now days, and terrorists are using high tech tricks to go undetected. 
So, it is only reasonable that government agencies will want to stay ahead of 
these creeps. But, here is the rub-- when government agencies decide to define 
a Bible believer, an anti-abortionist, etc as a high risk person, you may be tracked. 
Janet 
Reno said, long ago, that Fundamental Christians are terrorists. Homeland Security 
now considers returned and discharged US soldiers as potential terrorists. This 
brings up the question, "What are government employees being taught? How 
are their minds being twisted?" Twisted minds are paranoid minds, and paranoid 
minds don't trust the most harmless person at all. There IS a mindset in high 
places that finds Bible believers very dangerous. Also, people who do their own 
thinking are considered dangerous.
So, 
we must all assume that we are being watched and tracked for some reason, even 
if it is only to learn which brand of tortillas we prefer. This tracking is done 
for so many evil and harmless reasons that we can never know how famous or infamous 
we are :-) 
This 
article HAS TO BE in the data base now. Greetings, dear snoop !!
One 
thing you will never experience though-- the detection people will never talk 
back to you, and you will never know who they are. You will be arrested or accused 
of something, and arrangements which are totally isolated from the technology 
used will be said to be how they "caught up with you." You will get 
a catalog in the mail, and it will be for something totally alien to your way 
of life. Don't panic-- some idiot company simply did not pay enough for their 
mailing list software.
Finally, 
for you conspiratorialists, your worst enemy is NOT government agencies-- it is 
your neighbor or another employee where you work. It is the hacker who is looking 
for a way to blackmail you or rob your bank account. It is the kid with a cell 
phone who sees you urinate in the woods. It is the virus that enters your computer 
and jerks it into the cloud of spam processors.
It 
is not a nice world anymore. It is very hard to find a place where you can be 
sure you are alone. It is frustrating to know that your most intimate moment with 
your wife may be listened to from a distance.
This 
is the world that Messiah, Jesus Christ, will cleanse. I am convinced that technology 
will not be part of the coming Kingdom of Christ.
I 
am sorry I did not tell you much about hiding. I simply wanted to tell you what 
you may need to hide FROM. How you hide is up to you. Whether you NEED to hide 
is also important. 
If 
you have nothing to hide right now, and you have no reason to believe your Christians 
zeal has been defined as dangerous, DO NOT HIDE. People who keep dropping off 
the grid may become suspects for simply not showing up for a long time. That is 
how creepy the world is now.
Ecclesiastes 
10:20 (KJV) Curse not the king, no not in thy thought; and curse not the rich 
in thy bedchamber: for a bird of the air shall carry the voice, and that which 
hath wings shall tell the matter.
Furthermore; 
all this detection technology has given us a great way to witness the Gospel of 
Jesus Christ. It may be possible soon to stand virtually anywhere on the planet, 
speak the words "bomb" and "Jihad," and the recorders will 
all turn on. After a pause, read them Chapter Three of the Gospel of John. Someone 
will HAVE to listen to see if some encrypted message will follow.
We 
can use their technology to preach the Gospel to the lost, and they will pay for 
it.
1 
Corinthians 9:20 (KJV) And unto the Jews I became as a Jew, that I might gain 
the Jews; to them that are under the law, as under the law, that I might gain 
them that are under the law; 
21 To them that are without law, as without law, 
(being not without law to God, but under the law to Christ,) that I might gain 
them that are without law. 
22 To the weak became I as weak, that I might gain 
the weak: I am made all things to all men, that I might by all means save some. 
23 And this I do for the gospel's sake, that I might be partaker thereof with 
you.
Enjoy.
There 
is someone from whom you cannot hide, not even the deepest thoughts of your mind-- 
God.
Psalms 
139:7 (KJV) Whither shall I go from thy spirit? or whither shall I flee from thy 
presence? 
8 If I ascend up into heaven, thou art there: if I make my bed in 
hell, behold, thou art there. 
9 If I take the wings of the morning, and dwell 
in the uttermost parts of the sea; 
10 Even there shall thy hand lead me, and 
thy right hand shall hold me. 
11 If I say, Surely the darkness shall cover 
me; even the night shall be light about me. 
12 Yea, the darkness hideth not 
from thee; but the night shineth as the day: the darkness and the light are both 
alike to thee. 
13 For thou hast possessed my reins: thou hast covered me in 
my mother's womb.
A 
Bible believer who is right with God, as David was in Psalm 139-- he who is eager 
to BE known of God, will be of no harm to anyone but the wicked and Satan himself. 
That is just as it should be. If, in keeping yourself right with God, you find 
yourself the adversary of evil men, or of human government, you must continue 
in the way of God. If in this path (not the path of rebellion against God), you 
find it useful to hide from the adversary, do so. If you can use the adversary's 
intrusion to turn it to the glory of God, do so.
Take 
the high ground in every battle.
I 
have one more issue I need to deal with-- Are YOU snooping on people unethically?
As 
a Bible believer, you have NO business gathering information on other people for 
any reason other than self-defense. If other men are doing evil to you or your 
family, then go for it-- try to get the jump on them. But, if you hate to be spied 
on by other people, then you are wicked to carelessly poke your hypocritical nose 
into their domain. I don't care what your excuse is, stop it, you creep.
Psalms 
101:3 (KJV) I will set no wicked thing before mine eyes: I hate the work of them 
that turn aside; it shall not cleave to me.
You 
don't need to know every evil thing going on in this world, even if you CAN find 
it.