The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent


9th Circuit oral argument on historical cell-site information


Several federal circuits have ruled that there is no Fourth Amendment reasonable expectation of privacy in historical cell-site location information. The 9th Circuit held argument on the question this morning in United States v. Gilton before a strong panel of Judges Wallace, McKeown and Bybee. Thanks to the 9th Circuit's open access policies, you can watch the video here on YouTube:

On the merits, I agree with the existing circuit rulings that cell-site records aren't protected under the third-party doctrine. With that said, five years ago I would have expected a circuit split on this issue by now that will prompt Supreme Court review.

As always, stay tuned.