I guess I don't have a big problem with this, law enforcement would need a warrant to get the information, and in most cases it would only confirm or repudiate what they already know or suspect. It's just a more convenient way to surveil a suspect, and for the suspect it's easier to counter: turn off your phone, or better yet leave it somewhere where you're not.
"The spokesman also said that law enforcement agents have to obtain a court order for the data, except in special emergency circumstances."
But:
"The US Department of Justice has petitioned the 3rd District Court of Appeals for the right to request cellphone location data without a warrant."
http://thenextweb.com/us/2010/02/11/dept-justice-pushes-warr...