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The 5th US Circuit Court of Appeals overturned an order from a Houston federal judge who ruled that cellphone data is constitutionally protected from instrusion and can only be acquired with a search warrant. In overturning that ruling the appellate court ruled that cellphone data is a business record that belongs to the service provider and not the cell phone owner. The court said that such data collection does not meet the standard of the 4th Amendment which requires a search warrant.
Originally posted by ERagerz
The 'Supremes' will weigh in on it soon enough.
In 2011, U.S. District Judge Lynn Hughes had upheld a magistrate judge’s 2010 ruling that had denied a request by federal authorities in three separate criminal investigations to compel cellphone companies to provide — without a search warrant — 60 days of records for several phones.
“We understand the cell phone users may reasonably want their location information to remain private … But the recourse for these desires is in the market or the political process: in demanding that service providers do away with such records … or in lobbying elected representatives to enact statutory protections. The Fourth Amendment, safeguarded by the courts, protects only reasonable expectations of privacy,” the three-judge panel wrote in its 2-1 decision.