Commonwealth v. Augustine
EFF filed an amicus brief with the Massachusetts Supreme Judicial Court, asking it to rule police must get a search warrant in order to access historical cell site information. We argued that as cell phones and especially smartphones become prevalent, and the number of cell towers and cell sites increases, the location information revealed by cell sites becomes more precise. Since location information provides details on a person's movements, associations and affiliations, we argue that it must be protected by a search warrant requirement.
In February 2014, the court agreed with us, ruling that police must obtain a search warrant in order to obtain long term cell site data.
Kit Walsh of the Berkman Center for Internet and Society at Harvard Law School served as our local counsel.