EFF files amicus in D.C. Circuit Court against use of CSLI in remanded Jones case

Back in April, Jeffrey wrote that Antoine Jones wasn't off the hook for his crimes because of the ruling in United States v. Jones, 132 S. Ct. 945 (2012). Rather, instead of using the GPS tracking data they had collected (illegally), the police decided to use Cell Site Location Information (CSLI). Jeffrey's previous article can be found here - Jones II: This time, the government seeks to use cell site location information.  If you're looking to read more on the subject, we have additional content that can be found, here.

On Monday, the Electronic Frontier Foundation filed an amicus brief in favor of Antoine Jones, arguing that six months worth of CSLI should not be obtainable without a warrant. The EFF drew parallels between this situation and the GPS tracking that occurred in the original instance. Additionally, the EFF forwards an argument in the brief that could not be used in the context of GPS tracking - that CSLI could actually provide information about occurrences inside the home. This is important because courts have tended to give the most Fourth Amendment protection to the confines of a private home - see, for example, Karo or Kyllo.

The EFF's brief also addresses third-party doctrine, the Stored Communications Act, and even CALEA.

The brief can be found here: BRIEF AMICI CURIAE OF THE ELECTRONIC FRONTIER FOUNDATION AND CENTER FOR DEMOCRACY & TECHNOLOGY IN SUPPORT OF DEFENDANT ANTOINE JONES’ MOTION TO SUPPRESS CELL SITE DATA


The EFF also has a story, here: Government Faces New Warrantless Surveillance Battle After Losing Landmark GPS Tracking Case