In re Smartphone Geolocation Data Application’s Empirical Analysis
2013
Citation profile
1 federal appellate · 2 state decisions
Relationships
Applies 18 U.S.C. § 1073 · 18 U.S.C. § 2510 (Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 2703 (§ 201 of the Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 2708 (§ 201 of the Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 3117 (§ 108 of the Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 3122 (§ 301 of the Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 846
Relies on Illinois v. Gates · Katz v. United States · Payton v. New York · Warden, Maryland Penitentiary v. Hayden · Allen v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications) only when the governmental entity -- (A) obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures ...) by a court of competent jurisdiction[.]”
2 later decisions quote this exact passage“(a) In General . - If a court is empowered to issue a warrant or other order for the installation of a mobile tracking device, such order may authorize the use of that device within the jurisdiction of the court, and outside that jurisdiction if the device is installed in that jurisdiction. (b) Definition . - As used in this section, the term "tracking device" means an electronic or mechanical device which permits the tracking of the movement of a person or object.”
2 later decisions quote this exact passage“[G]athering geolocation information about a cellular telephone does not convert the phone into a 'tracking device' for the purpose of [ § 3117 ].”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.