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American civil liberties union is outraged, because they say out of 200 police departments who responded to their survey, all but ten tracked cell phones and many who do do not always use warrants. >> the most disturbing finding of our study is that law enforcement agents frequently track the locations of cell phones without getting a warrant based on probable cause, where someone goes can reveal a great deal of information about them, from who all of their friends are to what medical professionals they visit to what political organizations they join. >> reporter: but law enforcement agencies ...

12-15 times per minute. if you're on a cell phone or a computer, doctors say you only blink like seven times, maybe eight at the most, and the tear film that lubri indicates your eye doesn't mark. -- work. here's dr. marc siegl. >> this is something we got to nip in the bud at a young page. -- age. it probably doesn't become a health problem until over the age of 50 in most cases but this whole culture, my kids sitting next to each other or texting or face book, they don't look at each other. people are not looking at each other. we have to nip this in the bud with our teens. >> reporter: forg...

President said unprecedented he was referring to cases only involving a commerce clause but megyn, that doesn't really make sense, either, since the u.s. supreme court has overturned those cases. in fact as you pointed out yesterday, it's done so fairly recently. i've got the lopez case in front of me, 1995, that was a congress clause case, the high court overturned congress. megyn: morrison was decided later than that, in 2000, same thing 457d -- happened, different act. gregg, thank you. a few moments ago, attorney general eric holder addressed the controversy. it was his underling in the ...