06 Dec 2005
Ajax, which consists of HTML, JavaScript™ technology, DHTML, and DOM, is an outstanding approach that helps you transform clunky Web interfaces into interactive Ajax applications. The author, an Ajax expert, demonstrates how these technologies work together -- from an overview to a detailed look -- to make extremely efficient Web development an easy reality. He also unveils the central concepts of Ajax, including the XMLHttpRequest object.
Five years ago, if you didn't know XML, you were the ugly duckling whom nobody talked to. Eighteen months ago, Ruby came into the limelight and programmers who didn't know what was going on with Ruby weren't welcome at the water cooler. Today, if you want to get into the latest technology rage, Ajax is where it's at.
However, Ajax is far more than just a fad; it's a powerful approach to building Web sites and it's not nearly as hard to learn as an entire new language.
Before I dig into what Ajax is, though, let's spend just a few moments understanding what Ajax does. When you write an application today, you have two basic choices:
- Desktop applications
- Web applications
These are both familiar; desktop applications usually come on a CD (or sometimes are downloaded from a Web site) and install completely on your computer. They might use the Internet to download updates, but the code that runs these applications resides on your desktop. Web applications -- and there's no surprise here -- run on a Web server somewhere and you access the application with your Web browser.
More important than where the code for these applications runs, though, is how the applications behave and how you interact with them. Desktop applications are usually pretty fast (they're running on your computer; you're not waiting on an Internet connection), have great user interfaces (usually interacting with your operating system), and are incredibly dynamic. You can click, point, type, pull up menus and sub-menus, and cruise around, with almost no waiting around.
On the other hand, Web applications are usually up-to-the-second current and they provide services you could never get on your desktop (think about Amazon.com and eBay). However, with the power of the Web comes waiting -- waiting for a server to respond, waiting for a screen to refresh, waiting for a request to come back and generate a new page.
Obviously this is a bit of an oversimplification, but you get the basic idea. As you might already be suspecting, Ajax attempts to bridge the gap between the functionality and interactivity of a desktop application and the always-updated Web application. You can use dynamic user interfaces and fancier controls like you'd find on a desktop application, but it's available to you on a Web application.
So what are you waiting for? Start looking at Ajax and how to turn your clunky Web interfaces into responsive Ajax applications.
Old technology, new tricks
When it comes to Ajax, the reality is that it involves a lot of technologies -- to get beyond the basics, you need to drill down into several different technologies (which is why I'll spend the first several articles in this series breaking apart each one of them). The good news is that you might already know a decent bit about many of these technologies -- better yet, most of these individual technologies are easy to learn -- certainly not as difficult as an entire programming language like Java or Ruby.
 | Ajax defined
By the way, Ajax is shorthand for Asynchronous JavaScript and XML (and DHTML, and so on). The phrase was coined by Jesse James Garrett of Adaptive Path (see the Resources section) and is, according to Jesse, not meant to be an acronym. |
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Here are the basic technologies involved in Ajax applications:
- HTML is used to build Web forms and identify fields for use in the rest of your application.
- JavaScript code is the core code running Ajax applications and it helps facilitate communication with server applications.
- DHTML, or Dynamic HTML, helps you update your forms dynamically. You'll use
div
, span
, and other dynamic HTML elements to mark up your HTML. - DOM, the Document Object Model, will be used (through JavaScript code) to work with both the structure of your HTML and (in some cases) XML returned from the server.
Let's break these down and get a better idea of what each does. I'll delve into each of these more in future articles; for now focus on becoming familiar with these components and technologies. The more familiar you are with this code, the easier it will be to move from casual knowledge about these technologies to mastering each (and really blowing the doors off of your Web application development).
The XMLHttpRequest object
The first object you want to understand is probably the one that's newest to you; it's called XMLHttpRequest
. This is a JavaScript object and is created as simply as shown in Listing 1.
Listing 1. Create a new XMLHttpRequest object I'll talk more about this object in the next article, but for now realize that this is the object that handles all your server communication. Before you go forward, stop and think about that -- it's the JavaScript technology through the XMLHttpRequest
object that talks to the server. That's not the normal application flow and it's where Ajax gets much of its magic.
In a normal Web application, users fill out form fields and click a Submit button. Then, the entire form is sent to the server, the server passes on processing to a script (usually PHP or Java or maybe a CGI process or something similar), and when the script is done, it sends back a completely new page. That page might be HTML with a new form with some data filled in or it might be a confirmation or perhaps a page with certain options selected based on data entered in the original form. Of course, while the script or program on the server is processing and returning a new form, users have to wait. Their screen will go blank and then be redrawn as data comes back from the server. This is where low interactivity comes into play -- users don't get instant feedback and they certainly don't feel like they're working on a desktop application.
Ajax essentially puts JavaScript technology and the XMLHttpRequest
object between your Web form and the server. When users fill out forms, that data is sent to some JavaScript code and not directly to the server. Instead, the JavaScript code grabs the form data and sends a request to the server. While this is happening, the form on the users screen doesn't flash, blink, disappear, or stall. In other words, the JavaScript code sends the request behind the scenes; the user doesn't even realize that the request is being made. Even better, the request is sent asynchronously, which means that your JavaScript code (and the user) doesn't wait around on the server to respond. So users can continue entering data, scrolling around, and using the application.
Then, the server sends data back to your JavaScript code (still standing in for the Web form) which decides what to do with that data. It can update form fields on the fly, giving that immediate feeling to your application -- users are getting new data without their form being submitted or refreshed. The JavaScript code could even get the data, perform some calculations, and send another request, all without user intervention! This is the power of XMLHttpRequest
. It can talk back and forth with a server all it wants, without the user ever knowing about what's really going on. The result is a dynamic, responsive, highly-interactive experience like a desktop application, but with all the power of the Internet behind it.
Adding in some JavaScript
Once you get a handle on XMLHttpRequest
, the rest of your JavaScript code turns out to be pretty mundane. In fact, you'll use JavaScript code for just a few basic tasks:
- Get form data: JavaScript code makes it simple to pull data out of your HTML form and send it to the server.
- Change values on the form: It's also simple to update a form, from setting field values to replacing images on the fly.
- Parse HTML and XML: You'll use JavaScript code to manipulate the DOM (see the next section) and to work with the structure of your HTML form and any XML data that the server returns.
For those first two items, you want to be very familiar with the getElementById()
method as shown in Listing 2.
Listing 2. Grab and set field values with JavaScript code
// Get the value of the "phone" field and stuff it in a variable called phone var phone = document.getElementById("phone").value;
// Set some values on a form using an array called response document.getElementById("order").value = response[0]; document.getElementById("address").value = response[1];
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There's nothing particularly remarkable here and that's good! You should start to realize that there's nothing tremendously complicated about this. Once you master XMLHttpRequest
, much of the rest of your Ajax application will be simple JavaScript code like that shown in Listing 2, mixed in with a bit of clever HTML. Then, every once in a while, there's a little DOM work...so let's look at that.
Finishing off with the DOM
Last but not least, there's the DOM, the Document Object Model. For some of you, hearing about the DOM is going to be a little intimidating -- it's not often used by HTML designers and is even somewhat unusual for JavaScript coders unless you're really into some high-end programming tasks. Where you will find the DOM in use a lot is in heavy-duty Java and C/C++ programs; in fact, that's probably where the DOM got a bit of its reputation for being difficult or hard to learn.
Fortunately, using the DOM in JavaScript technology is easy, and is mostly intuitive. At this point, I'd normally show you how to use the DOM or at least give you a few code examples, but even that would be misleading. You see, you can get pretty far into Ajax without having to mess with the DOM and that's the path I'm going to show you. I'll come back to the DOM in a future article, but for now, just know that it's out there. When you start to send XML back and forth between your JavaScript code and the server and really change the HTML form, you'll dig back into DOM. For now, it's easy to get some effective Ajax going without it, so put this on the back-burner for now.
Getting a Request object
With a basic overview under your belt, you're ready to look at a few specifics. Since XMLHttpRequest
is central to Ajax applications -- and probably new to many of you -- I'll start there. As you saw in Listing 1, it should be pretty easy to create this object and use it, right? Wait a minute.
Remember those pesky browser wars from a few years back and how nothing worked the same across browsers? Well, believe it or not, those wars are still going on albeit on a much smaller scale. And, surprise: XMLHttpRequest
is one of the victims of this war. So you'll need to do a few different things to get an XMLHttpRequest
object going. I'll take your through it step by step.
Working with Microsoft browsers
Microsoft's browser, Internet Explorer, uses the MSXML parser for handling XML (you can find out more about MSXML in Resources). So when you write Ajax applications that need to work on Internet Explorer, you need to create the object in a particular way.
However, it's not that easy. MSXML actually has two different versions floating around depending on the version of JavaScript technology installed in Internet Explorer, so you've got to write code that handles both cases. Look at Listing 3 for the code that you need to create an XMLHttpRequest
on Microsoft browsers.
Listing 3. Create an XMLHttpRequest object on Microsoft browsers
var xmlHttp = false; try { xmlHttp = new ActiveXObject("Msxml2.XMLHTTP"); } catch (e) { try { xmlHttp = new ActiveXObject("Microsoft.XMLHTTP"); } catch (e2) { xmlHttp = false; } }
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All of this won't make exact sense yet, but that's OK. You'll dig into JavaScript programming, error handling, conditional compilation, and more before this series is finished. For now, you want to get two core lines into your head:
xmlHttp = new ActiveXObject("Msxml2.XMLHTTP");
and
xmlHttp = new ActiveXObject("Microsoft.XMLHTTP");
.
In a nutshell, this code tries to create the object using one version of MSXML; if that fails, it then creates the object using the other version. Nice, huh? If neither of these work, the xmlHttp
variable is set to false, to tell your code know that something hasn't worked. If that's the case, you've probably got a non-Microsoft browser and need to use different code to do the job.
Dealing with Mozilla and non-Microsoft browsers
If Internet Explorer isn't your browser of choice or you write code for non-Microsoft browsers, then you need different code. In fact, this is the really simple line of code you saw back in Listing 1:
var xmlHttp = new XMLHttpRequest object;
.
This much simpler line creates an XMLHttpRequest
object in Mozilla, Firefox, Safari, Opera, and pretty much every other non-Microsoft browser that supports Ajax in any form or fashion.
Putting it together
The key is to support all browsers. Who wants to write an application that works just on Internet Explorer or an application that works just on non-Microsoft browsers? Worse yet, do you want to write your application twice? Of course not! So your code combines support for both Internet Explorerand non-Microsoft browsers. Listing 4 shows the code to do just that.
Listing 4. Create an XMLHttpRequest object the multi-browser way
/* Create a new XMLHttpRequest object to talk to the Web server */ var xmlHttp = false; /*@cc_on @*/ /*@if (@_jscript_version >= 5) try { xmlHttp = new ActiveXObject("Msxml2.XMLHTTP"); } catch (e) { try { xmlHttp = new ActiveXObject("Microsoft.XMLHTTP"); } catch (e2) { xmlHttp = false; } } @end @*/
if (!xmlHttp && typeof XMLHttpRequest != 'undefined') { xmlHttp = new XMLHttpRequest(); }
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For now, ignore the commenting and weird tags like @cc_on
; those are special JavaScript compiler commands that you'll explore in depth in my next article, which will focus exclusively on XMLHttpRequest
. The core of this code breaks down into three steps:
- Create a variable,
xmlHttp
, to reference the XMLHttpRequest
object that you will create. - Try and create the object in Microsoft browsers:
- Try and create the object using the
Msxml2.XMLHTTP
object. - If that fails, try and create the object using the
Microsoft.XMLHTTP
object.
- If
xmlHttp
still isn't set up, create the object in a non-Microsoft way.
At the end of this process, xmlHttp
should reference a valid XMLHttpRequest
object, no matter what browser your users run.
A word on security
What about security? Today's browsers offer users the ability to crank their security levels up, to turn off JavaScript technology, and disable any number of options in their browser. In these cases, your code probably won't work under any circumstances. For these situations, you'll have to handle problems gracefully -- that's at least one article in itself, one I will tackle later (it's going to be a long series, isn't it? Don't worry; you'll master all of this before you're through). For now, you're writing robust, but not perfect, code, which is great for getting a handle on Ajax. You'll come back to the finer details.
Request/Response in an Ajax world
So you now understand Ajax and have a basic idea about the XMLHttpRequest
object and how to create it. If you've read closely, you even realize that it's the JavaScript technology that talks to any Web application on the server rather than your HTML form being submitted to that application directly.
What's the missing piece? How to actually use XMLHttpRequest
. Since this is critical code that you'll use in some form in every Ajax application you write, take a quick tour through what a basic request/response model with Ajax looks like.
Making a request
You have your shiny new XMLHttpRequest
object; now take it for a spin. First, you need a JavaScript method that your Web page can call (like when a user types in text or selects an option from a menu). Then, you'll follow the same basic outline in almost all of your Ajax applications:
- Get whatever data you need from the Web form.
- Build the URL to connect to.
- Open a connection to the server.
- Set up a function for the server to run when it's done.
- Send the request.
Listing 5 is a sample of an Ajax method that does these very things, in this order:
Listing 5. Make a request with Ajax
function callServer() { // Get the city and state from the web form var city = document.getElementById("city").value; var state = document.getElementById("state").value; // Only go on if there are values for both fields if ((city == null) || (city == "")) return; if ((state == null) || (state == "")) return;
// Build the URL to connect to var url = "/scripts/getZipCode.php?city=" + escape(city) + "&state=" + escape(state);
// Open a connection to the server xmlHttp.open("GET", url, true);
// Setup a function for the server to run when it's done xmlHttp.onreadystatechange = updatePage;
// Send the request xmlHttp.send(null); }
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A lot of this is self-explanatory. The first bit of the code uses basic JavaScript code to grab the values of a few form fields. Then the code sets up a PHP script as the destination to connect to. Notice how the URL of the script is specified and then the city and state (from the form) are appended to this using simple GET parameters.
Next, a connection is opened; here's the first place you see XMLHttpRequest
in action again. The method of connection is indicated (GET), as well as the URL to connect to. The final parameter, when set to true
, requests an asynchronous connection (thus making this Ajax). If you used false
, the code would wait around on the server when the request was made and not continue until a response was received. By setting this to true
, your users can still use the form (and even call other JavaScript methods) while the server is processing this request in the background.
The onreadystatechange
property of xmlHttp
(remember, that's your instance of the XMLHttpRequest
object) allows you to tell the server what to do when it does finish running (which could be in five minutes or five hours). Since the code isn't going to wait around for the server, you'll need to let the server know what to do so you can respond to it. In this case, a specific method -- called updatePage()
-- will be triggered when the server is finished processing your request.
Finally, send()
is called with a value of null
. Since you've added the data to send to the server (the city and state) in the request URL, you don't need to send anything in the request. So this fires off your request and the server can do what you asked it to do.
If you don't get anything else out of this, notice how straightforward and simple this is! Other than getting the asynchronous nature of Ajax into your head, this is relatively simple stuff. You'll appreciate how it frees you up to concentrate on cool applications and interfaces rather than complicated HTTP request/response code.
The code in Listing 5 is about as easy as it gets. The data is simple text and can be included as part of the request URL. GET sends the request rather than the more complicated POST. There's no XML or content headers to add, no data to send in the body of the request -- this is Ajax Utopia, in other words.
Have no fear; things will become more complicated as this series progresses. You'll learn how to send POST requests, how to set request headers and content types, how to encode XML in your message, how to add security to your request -- the list is pretty long! Don't worry about the hard stuff for now; get your head around the basics, and you'll soon build up a whole arsenal of Ajax tools.
Handling the response
Now you need to actually deal with the server's response. You really only need to know two things at this point:
- Don't do anything until the
xmlHttp.readyState
property is equal to 4. - The server will stuff it's response into the
xmlHttp.responseText
property.
The first of these -- ready states -- is going to take up the bulk of the next article; you'll learn more about the stages of an HTTP request than you ever wanted to know. For now, if you simply check for a certain value (4), things will work (and you'll have something to look forward to in the next article). The second item -- using the xmlHttp.responseText
property to get the server's response -- is easy. Listing 6 shows an example of a method that the server can call based on the values sent in Listing 5.
Listing 6. Handle the server's response
function updatePage() { if (xmlHttp.readyState == 4) { var response = xmlHttp.responseText; document.getElementById("zipCode").value = response; } }
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Again, this code isn't so difficult or complicated. It waits for the server to call it with the right ready state and then uses the value that the server returns (in this case, the ZIP code for the user-entered city and state) to set the value of another form field. The result is that the zipCode
field suddenly appears with the ZIP code -- but the user never had to click a button!. That's the desktop application feel I talked about earlier. Responsiveness, a dynamic feel, and more, all with a little Ajax code.
Observant readers might notice that the zipCode
field is a normal text field. Once the server returns the ZIP code and the updatePage()
method sets the value of that field with the city/state ZIP code, users can override the value. That's intentional for two reasons: To keep things in the example simple and to show you that sometimes you want users to be able to override what a server says. Keep both in mind; they're important in good user-interface design.
Hooking in the Web form
So what's left? Actually, not much. You have a JavaScript method that grabs information that the user put into a form, sends it to the server, provides another JavaScript method to listen for and handle a response, and even sets the value of a field when that response comes back. All that's really left is to call that first JavaScript method and start the whole process. You could obviously add a button to your HTML form, but that's pretty 2001, don't you think? Take advantage of JavaScript technology like in Listing 7.
Listing 7. Kick off an Ajax process If this feels like yet one more piece of fairly routine code, then you're right -- it is! When a user puts in a new value for either the city or state field, the callServer()
method fires off and the Ajax fun begins. Starting to feel like you've got a handle on things? Good; that's the idea!
In conclusion
At this point, you're probably not ready to go out and write your first Ajax application -- at least, not unless you're willing to do some real digging in the Resources section. However, you can start to get the basic idea of how these applications work and a basic understanding of the XMLHttpRequest
object. In the articles to come, you'll learn to master this object, how to handle JavaScript-to-server communication, how to work with HTML forms, and even get a handle on the DOM.
For now, though, spend some time thinking about just how powerful Ajax applications can be. Imagine a Web form that responds to you not just when you click a button, but when you type into a field, when you select an option from a combo box...even when you drag your mouse around the screen. Think about exactly what asynchronous means; think about JavaScript code running and not waiting on the server to respond to its requests. What sorts of problems can you run into? What areas do you watch out for? And how will the design of your forms change to account for this new approach in programming?
If you spend some real time with these issues, you'll be better served than just having some code you can cut-and-paste and throw into an application that you really don't understand. In the next article, you'll put these ideas into practice and I'll give you the details on the code you need to really make applications like this work. So, until then, enjoy the possibilities of Ajax.
Resources
Learn- Adaptive Path is one of the companies on the leading edge of user interface design; you can learn a ton about Ajax by perusing their pages.
- If you're curious about where the term Ajax came from, check out Jesse James Garrett and his excellent articles (like this one) on Ajax.
- You can get a head start on the next article in this series, focusing on the
XMLHttpRequest
object, by checking out this excellent article on the XMLHttpRequest
object.
- If you use Internet Explorer, you can get the scoop at the Microsoft Developer Network's XML Developer Center.
- Ajax for Java developers: Build dynamic Java applications (developerWorks, September 2005) introduces a groundbreaking approach to creating dynamic Web application experiences that solve the page-reload dilemma.
- Ajax for Java developers: Java object serialization for Ajax (developerWorks, October 2005) shows you five ways to serialize data in Ajax applications.
- Using Ajax with PHP and Sajax (developerWorks, October 2005) is a tutorial for those interested in developing rich Web applications that dynamically update content using Ajax and PHP.
- Call SOAP Web services with AJAX, Part 1: Build the Web services client (developerWorks, October 2005) shows how to implement a Web browser-based SOAP Web services client using the Ajax design pattern.
- XML Matters: Beyond the DOM (developerWorks, May 2005) details the Document Object Model as a method to build dynamic Web applications.
- Build apps with Asynchronous JavaScript with XML, or AJAX (developerWorks, November 2005) demonstrates how to construct real-time-validation-enabled Web applications with AJAX.
- Ajax for Java developers: Ajax with Direct Web Remoting (developerWorks, November 2005) demonstrates how to automate the heavy-lifting of AJAX.
- The OSA Foundation has a wiki that surveys AJAX/JavaScript libraries.
- XUL Planet's object reference section details XMLHttpRequest (not to mention all kinds of other XML objects, as well as DOM, CSS, HTML, Web Service, and Windows and Navigation objects.
- You can read a nice strategy white paper detailing some of the basic Ajax principles.
- See one of the outstanding Ajax applications online at Flickr.com.
- GMail, from Google, is another great example of Ajax revolutionizing Web applications.
- Head Rush Ajax (O'Reilly Media, Inc., February 2006) takes the ideas outlined in this article and series and brings them (and a lot more) to you in the innovative and award-winning Head First format.
- JavaScript: The Definitive Guide, 4th Edition (O'Reilly Media, Inc., November 2001) is a great resource for the JavaScript language and working with dynamic Web pages.
- The developerWorks Web Architecture zone specializes in articles covering various Web-based solutions.
DiscussAbout the author
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| Brett McLaughlin has worked in computers since the Logo days.(Remember the little triangle?) In recent years, he's become one of the most well-known authors and programmers in the Java and XML communities. He's worked for Nextel Communications, implementing complex enterprise systems; at Lutris Technologies, actually writing application servers; and most recently at O'Reilly Media, Inc., where he continues to write and edit books that matter. Brett's upcoming book, Head Rush Ajax, brings the award-winning and innovative Head First approach to Ajax, along with bestselling co-authors, Eric and Beth Freeman. His last book, Java 1.5 Tiger: A Developer's Notebook, was the first book available on the newest version of Java technology and his classic Java and XML remains one of the definitive works on using XML technologies in the Java language.
source:http://www-128.ibm.com/developerworks/web/library/wa-ajaxintro1.html?ca=dgr-lnxw01MasterAJAX
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# posted by dark master : 12/12/2005 09:53:00 AM
0 comments 
Most Americans carry cellphones, but many may not know that government agencies can track their movements through the signals emanating from the handset.
In recent years, law enforcement officials have turned to cellular technology as a tool for easily and secretly monitoring the movements of suspects as they occur. But this kind of surveillance - which investigators have been able to conduct with easily obtained court orders - has now come under tougher legal scrutiny.
In the last four months, three federal judges have denied prosecutors the right to get cellphone tracking information from wireless companies without first showing "probable cause" to believe that a crime has been or is being committed. That is the same standard applied to requests for search warrants.
The rulings, issued by magistrate judges in New York, Texas and Maryland, underscore the growing debate over privacy rights and government surveillance in the digital age.
With mobile phones becoming as prevalent as conventional phones (there are 195 million cellular subscribers in this country), wireless companies are starting to exploit the phones' tracking abilities. For example, companies are marketing services that turn phones into even more precise global positioning devices for driving or allowing parents to track the whereabouts of their children through the handsets.
Not surprisingly, law enforcement agencies want to exploit this technology, too - which means more courts are bound to wrestle with what legal standard applies when government agents ask to conduct such surveillance.
Cellular operators like Verizon Wireless and Cingular Wireless know, within about 300 yards, the location of their subscribers whenever a phone is turned on. Even if the phone is not in use it is communicating with cellphone tower sites, and the wireless provider keeps track of the phone's position as it travels. The operators have said that they turn over location information when presented with a court order to do so.
The recent rulings by the magistrates, who are appointed by a majority of the federal district judges in a given court, do not bind other courts. But they could significantly curtail access to cell location data if other jurisdictions adopt the same reasoning. (The government's requests in the three cases, with their details, were sealed because they involve investigations still under way.)
"It can have a major negative impact," said Clifford S. Fishman, a former prosecutor in the Manhattan district attorney's office and a professor at the Catholic University of America's law school in Washington. "If I'm on an investigation and I need to know where somebody is located who might be committing a crime, or, worse, might have a hostage, real-time knowledge of where this person is could be a matter of life or death."
Prosecutors argue that having such information is crucial to finding suspects, corroborating their whereabouts with witness accounts, or helping build a case for a wiretap on the phone - especially now that technology gives criminals greater tools for evading law enforcement.
The government has routinely used records of cellphone calls and caller locations to show where a suspect was at a particular time, with access to those records obtainable under a lower legal standard. (Wireless operators keep cellphone location records for varying lengths of time, from several months to years.)
But it is unclear how often prosecutors have asked courts for the right to obtain cell-tracking data as a suspect is moving. And the government is not required to report publicly when it makes such requests.
Legal experts say that such live tracking has tended to happen in drug-trafficking cases. In a 2003 Ohio case, for example, federal drug agents used cell tracking data to arrest and convict two men on drug charges.
Mr. Fishman said he believed that the number of requests had become more prevalent in the last two years - and the requests have often been granted with a stroke of a magistrate's pen.
Prosecutors, while acknowledging that they have to get a court order before obtaining real-time cell-site data, argue that the relevant standard is found in a 1994 amendment to the 1986 Stored Communications Act, a law that governs some aspects of cellphone surveillance.
The standard calls for the government to show "specific and articulable facts" that demonstrate that the records sought are "relevant and material to an ongoing investigation" - a standard lower than the probable-cause hurdle.
The magistrate judges, however, ruled that surveillance by cellphone - because it acts like an electronic tracking device that can follow people into homes and other personal spaces - must meet the same high legal standard required to obtain a search warrant to enter private places.
"Permitting surreptitious conversion of a cellphone into a tracking device without probable cause raises serious Fourth Amendment concerns, especially when the phone is monitored in the home or other places where privacy is reasonably expected," wrote Stephen W. Smith, a magistrate in Federal District Court in the Southern District of Texas, in his ruling.
"The distinction between cell site data and information gathered by a tracking device has practically vanished," wrote Judge Smith. He added that when a phone is monitored, the process is usually "unknown to the phone users, who may not even be on the phone."
Prosecutors in the recent cases also unsuccessfully argued that the expanded police powers under the USA Patriot Act could be read as allowing cellphone tracking under a standard lower than probable cause.
As Judge Smith noted in his 31-page opinion, the debate goes beyond a question of legal standard. In fact, the nature of digital communications makes it difficult to distinguish between content that is clearly private and information that is public. When information is communicated on paper, for instance, it is relatively clear that information written on an envelope deserves a different kind of protection than the contents of the letter inside.
But in a digital era, the stream of data that carries a telephone conversation or an e-mail message contains a great deal of information - like when and where the communications originated.
In the digital era, what's on the envelope and what's inside of it, "have absolutely blurred," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, a privacy advocacy group.
And that makes it harder for courts to determine whether a certain digital surveillance method invokes Fourth Amendment protections against unreasonable searches.
In the cellular-tracking cases, some legal experts say that the Store Communications Act refers only to records of where a person has been, i.e. historical location data, but does not address live tracking.
Kevin Bankston, a lawyer for the Electronic Frontier Foundation, a privacy advocacy group that has filed briefs in the case in the Eastern District of New York, said the law did not speak to that use. James Orenstein, the magistrate in the New York case, reached the same conclusion, as did Judge Smith in Houston and James Bredar, a magistrate judge in the Federal District Court in Maryland.
Orin S. Kerr, a professor at the George Washington School of Law and a former trial attorney in the Justice Department specializing in computer law, said the major problem for prosecutors was Congress did not appear to have directly addressed the question of what standard prosecutors must meet to obtain cell-site information as it occurs.
"There's no easy answer," Mr. Kerr said. "The law is pretty uncertain here."
Absent a Congressional directive, he said, it is reasonable for magistrates to require prosecutors to meet the probable-cause standard.
Mr. Fishman of Catholic University said that such a requirement could hamper law enforcement's ability to act quickly because of the paperwork required to show probable cause. But Mr. Fishman said he also believed that the current law was unclear on the issue.
Judge Smith "has written a very, very persuasive opinion," Mr. Fishman said. "The government's argument has been based on some tenuous premises." He added that he sympathized with prosecutors' fears.
"Something that they've been able to use quite successfully and usefully is being taken away from them or made harder to get," Mr. Fishman said. "I'd be very, very frustrated."
source:http://www.nytimes.com/2005/12/10/technology/10phone.html?ei=5090&en=2019ce35d6b47983&ex=1291870800&partner=rssuserland&emc=rss&pagewanted=print
# posted by dark master : 12/12/2005 09:44:00 AM
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