Federal court rules cops can warrantlessly track suspects via cellphone

"In fact, the government's use of a pen register and a trap trace device (called a 'hybrid order') to obtain the info is something that has been extensively litigated and disputed," wrote Hanni Fakhoury, a staff attorney with the Electronic Frontier Foundation, in an e-mail sent to Ars.

"This ‘hybrid' theory has been challenged both as a matter of statutory interpretation (i.e., the government's statutory analysis is wrong; you can't use the statutes in that way) and as a matter of constitutional law (i.e., even if you could use a d-order to get this info, 2703(d) is unconstitutional because this information requires a search warrant). The fact the Sixth Circuit didn't mention that or go through any of the legal analysis or even note that this is a hotly contested legal issue is simply (to borrow a term I saw on Twitter) ‘lazy.'"

Tuesday, August 14, 2012
Ars Technica

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