Sounds like a paranoia article to me. When its off, its off. If it was constantly transmitting [recordings] it would drain battery power like crazy (worse than a 3G phone

).
In regard to listening in on conversations, the govt just grab a warrant (afaik, for now they need to show cause...,
Ianal) and they're off. Your calls are only encrypted between handset and base station, not end-to-end. :thumbdown Just look at how pissed off the governments are about wanting powers to
intercept and log internet traffic, ever wondered why they're mellow about traditional communication systems, they've already got all the power they need!
As for tracking, if you have access to cell towers its simple trigonometry, 3 points with signal levels, and you can pinpoint the location (to what accuracy ?). At worse they can identify which cell tower your logged onto (<3km or so radius).
I remember on one of those real crime shows on TV they used cell phone tracking as evidence. It showed the suspects going between the crime scenes and back home. The scary bit is, why were they tracking their movements before they had reason to (ie, before and during the crime). :mellow:
- my 2c