Last week’s article, “Cell Phone Tracking: Privacy or Anonymity?,” discussed a federal court judge’s decision to deny an application made by the prosecutors under the Stored Communications Act, or the SCA, for an order directing a cell phone service provider to provide information kept by the provider as to which cell towers a cell phone in question was closest to over a period of sixty days.
We also discussed how U.S. Magistrate Judge for the Southern District of Texas Stephen W. Smith, in In re Application of the United States of America for Historical Cell Site Data , held that a search warrant, supported by probable cause, was needed to obtain that information and since the quantum of proof needed to get an order under the SCA is lower than probable cause, the court would not issue the order.
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