Case5:15-xr-90304-HRL Document30 Filed07/29/15 Page43 of 46 1 2 The Court agrees with Judge Illston that “the SCA makes no mention of cell site data, but 3 rather speaks in general terms of ‘records concerning electronic communication.’” Cooper, 2015 4 WL 881578, at *8. As a matter of statutory construction, “where an otherwise acceptable 5 construction of a statute would raise serious constitutional problems, the Court will construe the 6 statute to avoid such problems unless such construction is plainly contrary to the intent of 7 Congress.” Edward J. DeBartolo Corp. v. Fla. Gulf Coast Bldg. & Constr. Trades Council, 485 8 U.S. 568, 575 (1988). 9 10 11 United States District Court Northern District of California SCA unconstitutional. The Court holds that it does not. 12 13 14 15 16 17 18 As stated earlier, the SCA provides, in relevant part: c) Records concerning electronic communication service or remote computing service.— (1) A governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications) only when the governmental entity— (A) obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction; (B) obtains a court order for such disclosure under subsection (d) of this section. 18 U.S.C. § 2703(c)(1)(A)-(B) (emphases added). Subsection (d), referred to in § 2703(c)(1)(B), provides further: 19 (d) Requirements for court order.— 20 A court order for disclosure under subsection (b) or (c) may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. In the case of a State governmental authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider. 21 22 23 24 25 26 27 28 Id. § 2703(d) (emphasis added). 43 Case No. 15-XR-90304-HRL-1(LHK) ORDER AFFIRMING DENIAL OF APPLICATION FOR HISTORICAL CELL SITE LOCATION INFORMATION