In a significant victory for law enforcement, a federal appeals court on Tuesday said that government authorities could extract historical location data directly from telecommunications carriers without a search warrant. The closely watched case, in the United States Court of Appeals for the Fifth Circuit, is the first ruling that squarely addresses the constitutionality of warrantless searches of historical location data stored by cellphone service providers. Ruling 2 to 1, the court said a warrantless search was “not per se unconstitutional” because location data was “clearly a business record” and therefore not protected by the Fourth Amendment. http://www.nytimes.com/2013/07/31/technology/warrantless-cellphone-tracking-is-upheld.html?_r=0
James F. Booth
For more than 25 years, James Booth has provided consulting and legal services to telecommunications carriers and to enterprise companies that manage their own telecommunications networks. Since June of 2009 he has also served as General Counsel of Spread Networks, LLC, which is the industry leader in the construction and operation of low latency high speed networks. Before joining Spread he was General Counsel for OnFiber Communications, a competitive telecommunications provider, and was the sole attorney for Qwest Communications International in support of its construction of an 18,800 mile fiber optic network spanning the United States. Earlier he was lead counsel for U S WEST in its wireless and cable television ventures in the United States, Europe and Hong Kong.