Nov 042010
 
 November 4, 2010  Court, Featured News, Surveillance

The ACLU blogs about a court opinion mentioned previously on this blog. The opinion is now available online and I expect that EFF will also have something to say about this case:

In August, we blogged about a court decision from the federal court in the Eastern District of New York that held that law enforcement agents are constitutionally obligated to get a warrant based on probable cause before obtaining historical cell phone location information. And in September, we wrote about an opinion from the 3rd Circuit Court of Appeals holding that judges may order the government to get a warrant based on probable cause for historical cell phone location information. However, the 3rd Circuit also held that judges are not obligated to require probable cause, and cautioned that they should only require the government to meet this high standard on rare occasions. Now another court has joined the fray. In a detailed opinion (PDF) citing documents obtained through litigation by the ACLU and Electronic Frontier Foundation, Judge Stephen Smith of the Southern District of Texas held that “warrantless disclosure of cell site data violates the Fourth Amendment.”

Read more on the ACLU’s blog.

Via @logicalextremes

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