N.Y. Federal Judge Limits Access to Cell Phone Location Data

Judge Nicholas Garaufis, of the U.S. District Court for the Eastern District of New York, has issued on important decision about the ability of the government to obtain cell phone location information.

The case is In the Matter of an Application of the United States of America for an Order Authorizing the Release of Historical Cell-Site Information, No. 10-MC-897, United States District Court, E.D. New York (August 22, 2011).

In this matter, the government sought an order compelling Verizon to disclose location information about a suspected criminal's cell phone for 113 days. Magistrate Judge Orenstein had previously denied the government's application. See In the Matter of an Application of the United States of America for an Order Authorizing the Release of Historical Cell-Site Information, No. 10-MJ-0550, United States District Court, E.D. New York (August 27, 2010). Garaufis had previously granted such orders, but decided to consider "anew the constitutionality of ordering this application in light of recent developments in Fourth Amendment jurisprudence."

The court began its analysis by noting that "cellular service providers have records of the geographic location of almost every American at almost every time of day and night ... What does this mean for ordinary Americans? That at all times, our physical movements are being monitored and recorded, and once the Government can make a showing of less-than-probable-cause, it may obtain these records of our movements, study the map our lives, and learn the many things we reveal about ourselves through our physical presence."

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Source: law.com
By: Joshua Engel