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This article was posted by Mike Scarcella on the BLT: The Blog of Legal Times.
This article discusses a court ruling that held that prosecutors do not need a warrant to compel a cell phone service provider to disclose location information of a customer's call.
The article states, "(Chief Judge Royce) Lamberth ruled in part for prosecutors, reviving the government’s push to obtain cell phone data. The judge reversed a magistrate judge’s ruling from August.
But Lamberth did not rubberstamp the government’s request, submitted under the Stored Communications Act. Instead, he said prosecutors must present additional evidence to prove the requested data is material to the armed robbery investigation. The burden is lower than the one a warrant would require."
The article further points out, "Lamberth said a person’s “decision to place a cellular phone call and thus provide information regarding his location to the phone company thus defeats an individual’s privacy interest in that information.”"
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