User:Morninj/2014cyberlaw bibliography

Southern District of Texas

 * October 29, 2010: S.D. Tex. opinion, 747 F. Supp. 2d 827 (available on Westlaw)

Fifth Circuit
All Fifth Circuit materials are available from EFF.


 * February 15, 2012: Brief for the United States
 * February 21, 2012: Orin Kerr amicus brief
 * March 16, 2012: Susan Friewald amicus brief
 * March 16, 2012: EFF/ACLU/others amicus brief
 * March 16, 2012: EPIC amicus brief
 * March 30, 2013: United States reply brief
 * July 30, 2013: Fifth Circuit opinion, 724 F.3d 600

Constitution

 * Fourth Amendment to the United States Constitution
 * Reasonable suspicion—see Terry below
 * Search and seizure: Rule 41 of the Federal Rules of Criminal Procedure

Legislation

 * ECPA/SCA

Key cases

 * Terry v. Ohio, 392 U.S. 1 (1968)
 * Katz v. U.S., 389 U.S. 347 (1967)
 * U.S. v. Miller, 425 U.S. 435 (1976)
 * Smith v. Maryland, 442 U.S. 735 (1979)
 * U.S. v. Karo, 468 U.S. 705 (1984)
 * U.S. v. Warshak, 631 F.3d 266 (6th Cir. 2010) (available on Westlaw)
 * U.S. v. Skinner, No. 09-6497 (6th Cir. Aug. 14, 2012) (available on Westlaw)
 * U.S. v. Jones, 565 U.S. ___ (2012) (and the Maynard appellate decision)

Cases interpreting In re U.S. for Historical Cell Site Data

 * U.S. v. Caraballo, 5:12-CR-105, 2013 WL 4039028 (D. Vt. Aug. 7, 2013) (available on Westlaw)
 * U.S. v. Moreno-Nevarez, 13-CR-0841-BEN, 2013 WL 5631017 (S.D. Cal. Oct. 2, 2013) (available on Westlaw)

Technology

 * UCSB, Overview of cell phone technology
 * Cell site

News and blogs

 * Orin Kerr, October 2, 2013, Volokh Conspiracy, "Thoughts on the Oral Argument in the Fifth Circuit Cell-Site Case" (and see generally the category page on Volokh)
 * July 30, 2013, Orin Kerr, Volokh Conspiracy, "Fifth Circuit Hands Down Long-Awaited Case on the Fourth Amendment, Cell-Site Data, and Ex Parte Decisionmaking"
 * July 30, 2013, Somini Sengupta, NY Times, "Warrantless Cellphone Tracking Is Upheld"
 * July 30, 2013, Lyle Dennison, SCOTUSBlog, "Cellphone privacy case on way to Court?"
 * July 31, 2013, Hanni Fakhoury, EFF, "New Court Ruling Makes it Easier for Police to Track Your Cell Phone"
 * July 31, 2013, Tim Cushing, Techdirt, "Fifth Circuit Court Of Appeals Upholds Decision That Warrantless Cell Phone Tracking Doesn't Violate Fourth Amendment"
 * August 2, 2013, Above the Law, "Fifth Circuit Court Of Appeals Upholds Decision That Warrantless Cell Phone Tracking Doesn’t Violate Fourth Amendment"
 * August 29, 2013, Ars Technica, How “cell tower dumps” caught the High Country Bandits—and why it matters

Scholarship

 * Susan Friewald, Cell Phone Location Data and the Fourth Amendment: A Question of Law, Not Fact