Case5:15-xr-90304-HRL Document30 Filed07/29/15 Page7 of 46 1 Amendment to obtain a warrant.”); In re Application of U.S. for an Order Directing a Provider of 2 Elec. Commc’n Serv. to Disclose Records to Gov’t (“Third Circuit Opinion”), 620 F.3d 304, 315 3 (3d Cir. 2010) (explaining that the § 2703(d) standard is “less stringent than probable cause”). 4 United States District Court Northern District of California 5 C. Government’s Application The government’s application seeks historical CSLI associated with target cell phones 6 for a period of sixty days prior to the date on which the application is granted. App. ¶¶ 1, 2a. 7 According to the application, the requested CSLI includes “the physical location and/or address of 8 the cellular tower and identification of the particular sector of the tower receiving the signal.” Id. 9 ¶ 2a n.4. “This information,” the application says, “does not provide the specific or precise 10 geographical coordinates of the [target cell phone],” nor does it include “the contents of 11 communications.” Id. ¶ 2a & n.4. In addition, the application “does not seek” (1) CSLI “that 12 might be available when the [target cell phones] are turned ‘on’ but a call is not in progress”; (2) 13 information regarding the strength, angle, and timing of a target cell phone’s signal measured at 14 two or more cell site locations “that would allow the government to triangulate” a target cell 15 phone’s precise location; and (3) a target cell phone’s GPS information, “even if that technology is 16 built in.” Id. ¶ 3 (footnote omitted). The application’s reference to a “call,” as the government 17 confirmed at the hearing, includes phone calls, text messages, and data connections. Hr’g Tr. at 18 50:22-52:5. In sum, the government’s application seeks historical CSLI associated with 19 cell phones for a period of sixty days, and that CSLI may be generated whenever a phone call is 20 made or received, a text message is sent or received, or data is sent or received. 21 The cellular service providers for the target target cell phones are Verizon Wireless 22 (“Verizon”) and AT&T Wireless (“AT&T”). App. ¶ 1. The application also authorizes the 23 government to obtain historical CSLI from any one of dozens of other cellular service providers 24 (e.g., Cellular One, Sprint, and T-Mobile) that might have collected such information for any of 25 the target cell phones. Id. ¶ 2. The application does so for two reasons. First, a provider other 26 than Verizon or AT&T might have collected CSLI generated by one of the target cell phones if a 27 28 7 Case No. 15-XR-90304-HRL-1(LHK) ORDER AFFIRMING DENIAL OF APPLICATION FOR HISTORICAL CELL SITE LOCATION INFORMATION