Showing 1 - 7 of 7 results
- Champion Article
Excluding Cellphone Operator Per Call Measurement Data
Defense lawyers increasingly are dealing with cellphones and location issues. Per Call Measurement Data files provide an estimate of the location of a cellphone. (Call Detail Record files, on the other hand, provide the location of the cell tower that served a call.) Richard Miletic explains the technology used, the error rate, and the basis to exclude PCMD under Daubert.
- Content Page
In recent years, the government has increasingly turned to hacking as an investigative technique. Specifically, the Federal Bureau of Investigation (“FBI”) has begun deploying malware: software designed to infiltrate and control, disable, or surveil a computer’s use and activity.
Geofence Warrant Primer (2022)
Geofence warrants, a type of reverse search warrant, compel companies, like Google, to turn over substantial information about devices interacting with their technology within a particular geographic region. For this reason, geofence warrants mark an unprecedented increase in the government's ability to locate individuals without investigation. This primer will show you how geofence warrants are constructed and outline strategies to challenge these warrants when they appear in criminal cases.
Davis v. United States
Brief of Amici Curiae Electronic Frontier Foundation, Brennan Center for Justice at NYU School of Law, Center for Democracy & Technology, The Constitution Project and National Association of Criminal Defense Lawyers in Support of Petitioner.
Argument: The number of cell phones and cell sites has dramatically increased in the last twenty years. Cell site location information (CSLI) paints a revealing portrait of a person’s movements. The number of law enforcement requests for location information – requests predominantly made without a warrant – is increasing. Certiorari is necessary to resolve the judicial split on whether a warrant is required to obtain CSLI, particularly as Americans expect these records to remain private.