B. Page ECPA & Modern Comms.pdf
tracked; or by leaving a copy at the person's residence or usual
Authorizing the Use of a Pen Register and Trap and Trace, 2005
place of abode with an individual of suitable age and discretion
WL 3471754 (S.D.N.Y., 2005); In the Matter of the Application of
who resides at that location and by mailing a copy to the person's
the United States for an Order Authorizing the Installation and
last known address. Upon request of the government, the judge
Use of a Pen Register and Trap and Trace Device and Authorizing
may delay notice as provided in Rule 41(f)(3).”).
Release of Subscriber Information and/or Cell Site Information,
(3) Delayed Notice. Upon the government's request, a magistrate
2006 WL 244270 (W.D.La., 2006.).
judge--or if authorized by Rule 41(b), a judge of a state court of
record--may delay any notice required by this rule if the delay is
Fourth-Parties to Launder Data about 'The People' (September
authorized by statute.”).
2009) Colum. Bus. L. Rev., Vol. 2009, No. 3, p. 950.
Id. at 1222.
Id. (because the email is in multiple locations at once, there has
Travel Data is Analytic Superfood! (August 2009) available at
Simmons, Joshua L., Buying You: The Government's Use of
Jeff Jonas Your Movements Speak for Themselves: Space-Time
been no meaningful interference with the property and no notice is
triggered under FRCP 41).
Id. at 1224.
California v. Greenwood, 486 U.S. 35, 41 (1988).
United States v. Freitas 800 F.2d 1451, 1455 (9th Cir., 1986)
Surveillance Act of 1978 Statement on Signing S. 1566 Into Law,
John Woolley and Gerhard Peters, Foreign Intelligence
(discussing that Rule 41(h) is not limited to tangible items).
The American Presidency Project (October 1978) available at
18 U.S.C. § 2518 (8)(d) (WL Oct. 1998).
In Re U.S. for an Order Authorizing Installation and Use of a
is a difficult balance to strike, but the act I am signing today strikes
Pen Register, 415 F.Supp.2d 211, 214 (W.D.N.Y., 2006).
it. It sacrifices neither our security nor our civil liberties. And it
18 U.S.C. § 3122(b)(2) (WL 1996).
assures that those who serve this country in intelligence positions
47 U.S.C. § 1002(a)(2) (WL1998) (“[e]xpeditiously isolating
will have the affirmation of Congress that their activities are
and enabling the government, pursuant to a court order or other
lawful authorization, to access call-identifying information that is
reasonably available to the carrier…..except that, with regard to
information acquired solely pursuant to the authority for pen
registers and trap and trace devices (as defined in section 3127 of
Title 18), such call-identifying information shall not include any
information that may disclose the physical location of the
subscriber (except to the extent that the location may be
determined from the telephone number.”).
18 U.S.C. § 2703(d) (WL 2009).
In Re, at 215.
See In re Application of the United States of America for an
Order for Disclosure of Telecommunications Records and