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4th Circuit Holds That Obtaining Extended Cell-Site Records Requires a Warrant

schwit1 writes: In the new opinion, the Fourth Circuit (Judge Davis joined by Judge Thacker, with Judge Motz dissenting) holds that ordering a cell provider to hand over "extended" records is a Fourth Amendment search because "society recognizes an individual's privacy interest in her movements over an extended time period." The Fourth Circuit relies primarily on the "mosaic theory" arguments of the D.C. Circuit's opinion in United States v. Maynard and the concurring opinions when that case reached the Supreme Court under the name of United States v. Jones.

3 of 37 comments (clear)

  1. Awesome! (Some restrictions may apply) by Iamthecheese · · Score: 3, Informative

    Now if only getting a warrant were an obstacle...

    --
    If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
  2. Re:Cell site records shouldn't be allowed at all. by AHuxley · · Score: 3, Informative

    "Black Hat 2013 - OPSEC Failures of Spies"
    https://www.youtube.com/watch?...
    6.56 to 9.00 in has the map reconstruction of a cell phone been active.
    The "accuracy to 3m" just suggests a road used. Think of a cell log over time and a city map.
    "Renditions Case" "October 28, 2009" http://www.spiegel.de/internat...
    "Using special software, that had ironically been given to Megale's antiterror unit by the CIA, the police were able to create movement profiles for each mobile phone user."
    "accuracy" was never a problem, only the sorting of the many calls in the area.

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    Domestic spying is now "Benign Information Gathering"
  3. Re:Cell site records shouldn't be allowed at all. by gstoddart · · Score: 3, Informative

    Pure speculation: two towers can triangulate, three more so, combine with the fact that your phone likely has GPS, and that it needs to send a constant beacon, has things like accelerometers, altimeters, and other sensors ...

    Oh, and don't forget the link the GP includes is for the UK, which means they could fill in the gaps with video surveillance.

    My guess is it is possible to fairly accurately reconstruct your movements by combining all of these things.

    None of this stuff is designed to be kept secret from the cell company, and the EULA of all those shiny apps says they can access it, and probably are doing so constantly and reporting it somewhere.

    The technology we find so convenient is quite readily used against us. Both because it tells everything about what you do, and is readily obtained by law enforcement, even if they ignore the laws to do it. Because they can always use those Stingray things.

    Nobody should be the least bit surprised. Welcome to the creepy distopian future.

    There's a chance the GP is bragging and pulling your leg. But I have no reason to disbelieve that modern surveillance can do all he claims ... we've helped build the infrastructure required for this by not being able to live without smartphones.

    If you're thinking this is all implausible, then I'm afraid you've really not been paying attention to what's happening lately.

    --
    Lost at C:>. Found at C.