Low-level federal judges balking at law enforcement requests for electronic evidence
In two other cases, he has raised concerns about government requests to prevent Twitter and Yahoo from notifying customers of grand jury subpoenas involving the users’ information. Facciola also took the unusual step this month of inviting the Electronic Frontier Foundation, a civil liberties group, to serve as a counterpoint to the government’s request for cellphone location information in a robbery investigation. He expressed particular interest in how the technology works, how long the data are stored and how precisely the data can locate a person within an area.
“We’re hearing from an increasing number of magistrates that they’re uncomfortable with the requests they’re getting from the FBI and the Justice Department for surveillance,” said Cindy Cohn, legal director of the Electronic Frontier Foundation.