Re: New 3rd Circuit Case on Expectation of Geolocation Privacy

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

On Wed, Sep 15, 2010 at 1:39 PM, Perez, Aram <> 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
> <>.

Received on Thursday, 16 September 2010 00:54:22 UTC