Case5:15-xr-90304-HRL Document30 Filed07/29/15 Page8 of 46 1 target user switched providers during the sixty-day period but kept the same phone number, a 2 feature known as local number portability. Id. ¶ 2 n.2. Second, a provider other than Verizon or 3 AT&T might have collected CSLI generated by one of the target cell phones if a target cell phone 4 connected with the cell tower of that other provider over the course of the sixty-day period, an 5 action known as “roaming.” See ECF No. 26 Declaration of Public Defender Investigator 6 Madeline Larsen (“Larsen Decl.”) ¶ 2c. Roaming occurs when there is a gap in the network of a 7 cell phone’s provider and, as a result, the cell phone must connect to the cell tower of a different 8 provider. See id. ¶¶ 2c, 4d (describing roaming on Verizon and AT&T networks). United States District Court Northern District of California 9 Both Verizon and AT&T publish privacy policies telling their subscribers that location 10 information is collected and may be turned over to the government. Verizon informs its 11 subscribers, “We collect information about your use of our products, services and sites. 12 Information such as . . . wireless location . . . .” Verizon, Privacy Policy (updated June 2015) 13 (“Verizon Policy”), available at http://www.verizon.com/about/privacy/policy/. “We may,” 14 Verizon’s policy continues, “disclose information that individually identifies our customers or 15 identifies customer devices in certain circumstances, such as: to comply with valid legal process 16 including subpoenas, court orders or search warrant.” Id. In addition, the Verizon policy states: 17 “Personally identifiable and other sensitive records are retained only as long as reasonably 18 necessary for business, accounting, tax or legal purposes.” Id. 19 AT&T, for its part, tells subscribers that it will collect their “location information,” which 20 includes “the whereabouts of your wireless device.” AT&T, Privacy Policy (effective Sept. 16, 21 2013) (“AT&T Policy”), available at http://www.att.com/gen/privacy-policy?pid=2506. 22 “Location information,” says AT&T’s policy, “is generated when your device communicates with 23 cell towers, Wi-Fi routers or access points and/or with other technologies, including the satellites 24 that comprise the Global Positioning System.” Id. The AT&T policy states that AT&T 25 “automatically collect[s] information” when the user uses AT&T’s network, and that AT&T may 26 provide this information to “government agencies” in order to “[c]omply with court orders.” Id. 27 28 8 Case No. 15-XR-90304-HRL-1(LHK) ORDER AFFIRMING DENIAL OF APPLICATION FOR HISTORICAL CELL SITE LOCATION INFORMATION