Legal Opinion

In Re the United States for Orders Pursuant to Title 18

District Court, D. Massachusetts

Decided July 27, 2007No. MJ07-264-JLA [ (XXX) XXX-AAAA], MJ07-265-JLA [ (XXX) XXX-BBBB], MJ07-266-JLA [ (XXX) XXX-CCCC]PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM & ORDER

ALEXANDER, United States Magistrate Judge.

INTRODUCTION

This Court has before it the Government’s application for three orders compelling a telecommunication service provider to disclose to federal law enforcement agents historical cell site information. The Government attempts to obtain such orders by satisfying the “specific and artic-ulable facts” standard embodied in 18 U.S.C. § 2703(d). This Court, however, questions the applicability of the “specific and articulable facts” standard to historical cell site information. As more fully detailed below, after careful…

2Cases cited18 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Smith v. MarylandSupreme Court of the United States · 1979
  3. United States v. New York Telephone Co.Supreme Court of the United States · 1977
  4. United States v. KnottsSupreme Court of the United States · 1983
  5. Ex Parte JacksonSupreme Court of the United States · 1878

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3Cited by9 opinions

  1. In Re the United States for Orders Pursuant to Title 18District Court, D. Massachusetts · 2007
  2. In Re of the United States for Historical Cell Site DataDistrict Court, S.D. Texas · 2010
  3. In Re United States for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the GovernmentDistrict Court, W.D. Pennsylvania · 2008
  4. In Re of the United States for an Order Authorizing the Release of Historical Cell-Site InformationDistrict Court, E.D. New York · 2010
  5. In re the United States for an Order Pursuant to Title 18District Court, D. Massachusetts · 2012

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