Filed Date: May 23, 2006
Closed Date: 2006
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On May 23, 2006, the government applied to the Southern District of Texas for a court order authorizing installation and use of a pen register and trap/trace device, access to customer records, and cell phone tracking, pursuant to the Pen/Trap Statute, 18 U.S.C. §§ 3121-3127, which is part of the Electronic Communications Privacy Act (ECPA). The application raised two novel legal issues: whether the Government may obtain "postcut-through dialed digits" containing communication contents under the authority of the Pen/Trap Statute; and whether limited cell site information may be obtained prospectively under the dual or hybrid authority of the Pen/Trap Statute and the Stored Communications Act ("SCA"), which was also part of ECPA.
On May 23, 2006, Magistrate Judge Stephen Smith issued an order granting in part but denying access to post-cut-through-dialed digits (any numbers dialed from a telephone after the call is initially setup or "cut-through") as well as the limited cell site authority (specifically, location of the antenna tower and sector to which the cell phone sends its signal). In response to the government's informal request, Judge Smith agreed to reconsider the dialed digits ruling and invited full briefing by the government as well as interested parties. Judge Smith also agreed to reconsider the cell site issue in light of a recent decision by a district judge in this district, In re U.S. for an Order, 433 F. Supp. 2d 804 (S.D. Tex. 2006).
In June, the government filed the requested brief. In addition, the Electronic Frontier Foundation and Center for Democracy and Technology filed an amicus brief on the issue.
On July 19, 2006, Judge Smith affirmed his decision. Judge Smith held that the government could not obtain post-cut-through dialed digits, and that the government could not prospectively obtain limited cell site information under the dual or hybrid authority of the Pen/Trap Statute and the Stored Communications Act (SCA). In re the Application of United States, 441 F. Supp. 2d 816 (S.D. Tex. 2006).
This decision cast doubt on the lawfulness of the government's ongoing internet metadata surveillance, carried out under the Foreign Intelligence Surveillance Act. So the Foreign Intelligence Surveillance Court ordered the government to address the ongoing validity of the internet metadata program in FISA Docket PR-TT ---- (Judge Unknown) (September 2006).
Summary Authors
Jessica Kincaid (2/5/2015)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5329501/parties/united-states-v-pen-register/
Degabrielle, Donald J. Jr. (Texas)
Register, Pen (Texas)
Bankston, Kevin (California)
Dempsey, James X (District of Columbia)
Morris, John B. (District of Columbia)
Smith, Stephen W. (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/5329501/united-states-v-pen-register/
Last updated April 2, 2024, 3:01 a.m.
State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: May 23, 2006
Closing Date: 2006
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. seeking warrant.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Case Details
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 2006 - 2006
Content of Injunction:
Warrant/order for search or seizure
Issues
General: