A federal appeals court on Wednesday rejected the Obama administration’s contention the government is never required to get a court warrant to obtain cell-site information that mobile-phone carriers retain on their customers.
The decision (.pdf) by the 3rd U.S. Circuit Court of Appeals is one in a string of court decisions boosting Americans’ privacy in the digital age — rulings the government fought against. The most significant and recent decision came Tuesday, when a different federal appeals court said for the first time the government must obtain a court warrant for an internet service provider to grant the authorities access to a suspect’s e-mail.
The case concluded Wednesday concerns so-called historical cell-site location information, which carriers usually retain for about 18 months. The data identifies the cell tower to which the customer was connected to at the beginning of a call and at the end of the call — and is often used in criminal prosecutions and investigations.
“Prosecutors across the country use the statute in criminal investigations to obtain a wide range of evidence,” (.pdf) the administration told the Philadelphia-based 3rd Circuit...
The Obama administration urged the appellate court to reconsider its position, an offer the court declined Wednesday without commenting on the merits.http://www.wired.com/threatlevel/2010/12/cell-site-warrants