United States District Court Northern District of California Case5:15-xr-90304-HRL Document30 Filed07/29/15 Page19 of 46 1 in the Post-Snowden Era 32 (2014), available at http://www.pewinternet.org/files/2014/11/PI_ 2 PublicPerceptionsofPrivacy_111214.pdf). This figure is higher than the percentage of individuals 3 surveyed who consider their relationship history, religious or political views, or the content of 4 their text messages to be sensitive. Id. at 2-3. In a 2012 survey, Pew found that smartphone 5 owners typically take precautions to protect access to their mobile data, with nearly one-third of 6 them responding that they had turned off the location tracking feature on their phone due to 7 concerns over who might access that information. See Jan Lauren Boyles et al., Pew Research 8 Internet & Am. Life Project, Privacy and Data Management on Mobile Devices 3-4, 8 (2012), 9 available at http://www.pewinternet.org/~/media//Files/Reports/2012/PIP_Mobile 10 PrivacyManagement.pdf. Further, a 2013 survey conducted on behalf of the Internet company 11 TRUSTe found that 69% of American smart phone users did not like the idea of being tracked. 12 David Deasy, TRUSTe Study Reveals Smartphone Users More Concerned About Mobile Privacy 13 Than Brand or Screen Size, TRUSTe Blog (Sept. 5, 2013), http://www.truste.com/blog/ 14 2013/09/05/truste-study-reveals-smartphone-users-more-concerned-about-mobile-privacy-than- 15 brand-or-screen-size/. The government does not dispute this evidence, which the Court properly 16 considers. See Riley, 134 S. Ct. at 2490 (relying on survey data demonstrating the ubiquity of cell 17 phones). 18 This survey data is all the more salient because cell phone users who take affirmative 19 measures to protect their location information may still generate CSLI that the government can 20 obtain. EFF cites Pew surveys from 2012 showing that 30% of all smart phone owners turned off 21 location tracking on their phones while “46% of teenagers turned location services off.” EFF Br. 22 at 3. Turning off location services, however, does not preclude CSLI from being generated. As 23 the ACLU explains, “many smartphones include a location privacy setting that, when enabled, 24 prevents applications from accessing the phone’s location. But this setting has no impact upon 25 carriers’ ability to learn the cell sector in use.” ACLU Br. at 13. In other words, even though a 26 user may demonstrate a subjective expectation of privacy by disabling an app’s location 27 28 19 Case No. 15-XR-90304-HRL-1(LHK) ORDER AFFIRMING DENIAL OF APPLICATION FOR HISTORICAL CELL SITE LOCATION INFORMATION