- From: Richard Barnes <richard.barnes@gmail.com>
- Date: Wed, 15 Sep 2010 20:53:53 -0400
- To: "Perez, Aram" <aramp@qualcomm.com>
- Cc: "public-privacy@w3.org" <public-privacy@w3.org>
I haven't read the opinion, but I heard that there is also some innovation here in the definition of "historical" -- including network measurements / terminal observations only a few minutes or seconds old. --Richard On Wed, Sep 15, 2010 at 1:39 PM, Perez, Aram <aramp@qualcomm.com> wrote: > For US folks: > > On September 7, 2010, the Third Circuit Court of Appeals issued an opinion > in a narcotics case containing two key holdings regarding the standard by > which the government can access records of historical cell site location > information (“CSLI”). The first holding was unsurprising. The Third Circuit > held that under the Electronic Communications Privacy Act, 18 U.S.C. § 2703, > the government may obtain historical cell site records with an 18 U.S.C. § > 2703(d) order based on “specific and articulable facts showing that there > are reasonable grounds to believe that the . . . records or other > information sought, [are] relevant and material to an ongoing criminal > investigation.” The second holding is more novel, and even somewhat > ground-breaking. The Court determined that it is within the discretion of > the magistrate judge to consider the privacy concerns at stake and turn down > an application for such an order for cell site data even if the government > has met the intermediate “specific and articulable facts” standard and > require the government to satisfy the higher “probable cause” standard. > > The complete story at > <http://www.thesecuretimes.com/2010/09/recent_third_circuit_court_of.php>. >
Received on Thursday, 16 September 2010 00:54:22 UTC