Techdirt: ACLU Tells Court Long-Term Cell Site Location Tracking Should Require A Warrant by Tim Cushing:
The Supreme Court is going to take a look at the Fourth Amendment implications of warrantless access to historic cell site location information. The outlook for a Fourth Amendment win isn’t particularly hopeful, given that there’s no circuit split to be resolved. The lone holdout was the Fourth Circuit — which originally had problems with the long-term collection of location information — but that court reversed its earlier decision to align with other circuits which have addressed the issue.
That doesn’t mean no one should try! Who knows what the court might decide, especially given the shifting telecommunications landscape. After all, it has managed to budge the 4th a wee bit now and then, even in decisions that were mostly punts or calls for the aggrieved to take it up with their Congressional reps.
The ACLU has filed a brief [PDF] on behalf of the appellants, pointing out what should be obvious: cell site location info isn’t Just Another Third Party Record. It’s a proxy tracking system for law enforcement, which can access this data without warrants. And it’s only getting more precise every day.