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3rd Circuit to Mull Privacy of Cell Phone Data

Now, in an appeal of Lenihan's ruling, the 3rd Circuit will become the first federal appellate court to tackle the question as Justice Department lawyers square off against a coalition of privacy and civil liberties lawyers from the Electronic Frontier Foundation, the Center for Democracy & Technology and the American Civil Liberties Union...

Bankston, in a brief jointly filed by the Electronic Frontier Foundation, the ACLU and the Center for Democracy & Technology, urges the 3rd Circuit to uphold Lenihan's ruling on the grounds that Congress intended to give judges the discretion to deny such requests and require prosecutors to meet the ordinary standard for a search warrant.

Cell phone users, Bankston argues, have an expectation of privacy in such data because they "simply do not voluntarily expose their location whenever they make calls and receive calls ... nor do they do so merely by turning on their cell phones."

Monday, February 8, 2010
Law.com

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