EPIC has filed a Freedom of Information Act lawsuit against the Department of Justice for the release of reports on the collection and use of cell site location information. Modern cell phones generate precise location records, known as “cell site location information,” that was often accessible to law enforcement agencies. However, the Department of Justice has never produced any comprehensive reports concerning the use of cell site data. In Carpenter v. United States, the Supreme Court held that the Fourth Amendment protects location records generated and that the “police must get a warrant when collecting” cell site location information. In the complaint, EPIC stated that it “seeks to determine the use, effectiveness, cost, and necessity in the collection and use of cell site location information so that the public, lawmakers, and the courts may have a better understanding of the use of this investigative technique.” The case is EPIC v. DOJ, No. 18-1814 (D.D.C. filed August 1, 2018).
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