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September 11, 2008

Court Says No Relaxed Standard for Government Accessed Cell Phone Records

The Federal District Court for the Western District of Pennsylvania opines that the government must secure a court order to get historical geographical records for cell phone (and suspect) location using the probable cause standard under the Fourth Amendment rather than an ex parte application under the Stored Communications Act or the Pen Registry Act.  The Court notes that people expect privacy in where and when we use cell phones.  It doesn't suggest that the government is not entitled to tracking information, which is stored for no business purpose other than to respond to a government request. Rather, the standard for turning the information over to the government still remains Constitutionally based.  As some in government might say on this Court's view of the Constitution and Fourth Amendment, how quaint.

The full 56 page opinion is here via the EFF.  Thanks to Ars Technica for the tip.  [MG]

September 11, 2008 | Permalink


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