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Ruling Protects Cellphone Records
A federal court in Pennsylvania has placed strict limits on the government’s ability to obtain historical cellphone usage records. In the a drug tracking investigation, the government asked Judge Terrence McVerry of the Western District of Pennsylvania to order wireless carrier Sprint Spectrum to disclose historical cellphone data, which included call times and durations, as well as cell tower information. This information is able to pinpoint a person’s location to within 200 feet, and some commentators have observed that such information is quite personal and potentially sensitive. Previously, most federal courts had granted access to this information based on the relatively easy to meet standard of showing "specific and articulable facts" that the information is "relevant" to a criminal investigation. Judge McVerry ruled that such access requires the government to obtain a warrant by showing probable cause, i.e., a reasonable belief that a person has committed a crime.
Supporters of the decision believe that it is a significant victory in the fight to protect citizens’ privacy. Others view the decision to be wrong at law and feel that the decision is unlikely to stand up to appeal.
For more information, visit:
http://www.washingtonpost.com/wp-dyn/content/article/2008/09/11/AR2008091103292.html