Hanni Fakhoury, an attorney at the Electronic Frontier Foundation said that this section of the decision is notable. “That paragraph suggests that it's not necessarily the phone number itself that lacks constitutional protection, but rather the means by which the government gets the record may not trigger constitutional protections,” he said. “In Smith, the cops got the info from the phone company. But in Wurie/Riley, they’re getting the info from the phone itself, and that’s a ‘search.’ So with a stingray, although it's only technically capturing phone ‘routing’ information, the fact the police are operating the stingray directly and getting the records themselves rather than getting them from the phone company may trigger different Fourth Amendment interests. So I’d expect to see renewed legal challenges to the use of a stingray once people can actually figure out if one was used in their particular case.”

Wednesday, June 25, 2014

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