Fifth Circuit Court of Appeals rules that compelling providers to produce historical cell site information under SCA is constitutional

The Fifth Circuit Court of Appeals has issued its opinion in IN RE: APPLICATION OF THE UNITED STATES OF AMERICA FOR HISTORICAL CELL SITE DATA. The court split 2-1 on the issue of whether court orders issued under the Stored Communications Act compelling providers to produce customers’ historical cell site information are unconstitutional. The court held that such orders were not unconstitutional per se.

I’ll update this entry to add links to discussion of the ruling later today and tomorrow. For now, here’s the opinion.

Related:

• Fifth Circuit Hands Down Long-Awaited Case on the Fourth Amendment, Cell-Site Data, and Ex ParteDecisionmaking
• NYT: Warrantless Cellphone Tracking Is Upheld
• Law.com: No Warrant Needed for Cell Site Data, Fifth Circuit Says
• Wired.com: Cops Can Track Cellphones Without Warrants, Appeals Court Rules