Fifth Circuit Cell Phone Tracking Case

EFF joined the American Civil Liberties Union (ACLU) Foundation and the ACLU Foundation of Texas in backing a judge who required a search warrant before approving the seizure of two months of cell phone location data by law enforcement.  In this case, the government asked a magistrate judge to approve a request to two cell phone companies for 60 days of cell phone location records as part of a routine law enforcement investigation. The judge denied the request, saying it was necessary for the government to get a warrant based on probable cause before it could obtain the records. In an amicus brief filed in the U.S. Court of Appeals for the Fifth Circuit, EFF argues that the judge was correct, as getting a warrant is essential to ensuring Fourth Amendment protections.

The case was argued to the Fifth Circuit in October 2, 2012 in New Orleans. In July 2013, the Fifth Circuit reversed the lower court in a 2-1 decision, ruling that law enforcement didn't need a search warrant to access historical cell site records.

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

We're glad to see that adoption of HTTPS encryption has skyrocketed. h/t @PardonSnowden

Oct 20 @ 12:42pm

The Student Privacy Pledge stops short of fully protecting students and their information.

Oct 20 @ 10:44am

Snowden's effect on tech? People have adopted better security habits.

Oct 20 @ 10:06am
JavaScript license information