United States District Court Northern District of California Case5:15-xr-90304-HRL Document30 Filed07/29/15 Page5 of 46 1 in the Sixth Circuit and arising out of the greater Detroit area, the government obtained 127 days 2 of CSLI for one defendant, Timothy Carpenter, and 88 days of CSLI for another, Timothy 3 Sanders. See United States v. Carpenter, No. 14-1572 (6th Cir. filed May 7, 2014). Carpenter’s 4 data include 6,449 separate call records for which CSLI was logged, comprising 12,898 cell site 5 location data points. See Wessler Decl. ¶ 8. Sanders’s records reveal 11,517 calls for which 6 location information was logged, comprising 23,034 cell site location data points. Id. ¶ 9. 7 Carpenter and Sanders, respectively, placed or received an average of 50.8 and 130.9 calls per day 8 for which location data was recorded and later obtained by the government. Id. ¶ 10. For 9 Carpenter, that amounts to an average of 102 location points per day, or one location point every 10 14 minutes. For Sanders, it amounts to an average of 262 location points per day, or one location 11 point every six minutes. 12 B. Statutory Framework 13 An application for historical CSLI is governed by the Stored Communications Act 14 (“SCA”), 18 U.S.C. § 2701 et seq., which was enacted in 1986 as Title II of the Electronic 15 Communications Privacy Act (“ECPA”). The SCA covers the disclosure of communication 16 information by providers of electronic communications, including cellular service providers. 17 Section 2703(a) covers circumstances in which a government entity may require such providers to 18 disclose the contents of wire or electronic communications in electronic storage, while § 2703(b) 19 covers circumstances in which a government entity may require providers to disclose the contents 20 of wire or electronic communications held by a remote computing service. See id. § 2703(a)-(b). 21 Neither of these provisions is at issue here. 22 Instead, the government seeks what is referred to in § 2703(c) as “a record or other 23 information pertaining to a subscriber to or customer of [a provider of electronic communication 24 service],” a term that expressly excludes the contents of communications. 18 U.S.C. § 2703(c)(1). 25 Although the SCA makes no mention of historical CSLI, there is no dispute that the historical 26 CSLI sought by the government qualifies as a stored “record or other information pertaining to a 27 28 5 Case No. 15-XR-90304-HRL-1(LHK) ORDER AFFIRMING DENIAL OF APPLICATION FOR HISTORICAL CELL SITE LOCATION INFORMATION