The suit was filed under the Freedom of Information Act.
According to published reports, the ACLU filed a FOIA request with the Department of Justice in November 2007, seeking records regarding the policies for tracking people through their cell-phone use. The request also asked for information on how many times the government tracked people through their cell phones without first determining probable cause that a crime was taking place.
Department of Justice representatives have declined to comment on the case, but a spokesman said "law enforcement has absolutely no interest in tracking the locations of law-abiding citizens." Instead, he said, tracking through cell-phone use is done to "lawfully obtain data to help locate criminal suspects, sometimes in cases where lives are literally hanging in the balance, such as a child-abduction case or a serial murderer on the loose."
A hearing date for the lawsuit was not immediately available.