The Third Circuit Court of Appeals considered this week whether the government must obtain a warrant prior to obtaining location data from an electronic communications service provider. The case centers on access to cellphone records that were used to help crack a bank robbery investigation In a related case, the Massachusetts Supreme Court recently held that a warrant would be required for the use of a GPS tracking device. EPIC filed an amicus brief in that case. For information see EPIC Commonwealth v. Connolly.
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by Ryan Calo, A. Michael Froomkin,