Sunday Open Thread
Our last open thred (Friday) is all filled up.
I'm off to a college graduation this morning (which unbelievably is going to last four hours until 1 pm, and then with lunch, till 3pm.) Then I get to rush home to meet Comcast who will try and tell me why my DVR machine blacks out every night and loses the saved recordings. Since it's probably a box problem, I guess that means I'll be getting a shiny new DVR. Hard to believe the one I have is already 5 years old. Hard to complain though. How many electronics that you run hours a day for five years can last much longer than that?
On Friday, the Government delivered discovery in my latest case with 18 defendants: 16 wiretapped phones and more than 5,000 pertinent calls, all in Spanish. That's my night-time project, to start digging in. I'll be curious to see what language they're using in 2013 for getting prospective cell cite locator information -- whether they are sticking to their argument that they don't need to show probable cause, just a relevance showing under the Stored Communications Act, or whether they've modified it to include probable cause based on the numerous recent court decisions distinguishing between historical and real-time data. In a recent case, I asked the FBI agent if they had the real time locator information showing on a monitor in the control room where they listen to the wiretap calls, and he said yes.
Here's an order denying prospective or real-time cell site locator data by a Magistrate judge named Owsley in Texas. [More...]
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