Ruling Holds U.S. Government to Higher Standard When Seeking to Track Cell Users

December 22, 2008

Two weeks after an Eastern District of New York judge held that the government may use a pen register to track a cell phone holder's movements, a magistrate judge from the same courthouse has held the government to a higher standard when seeking permission to employ such devices. The decision marks the second foray in less than a month by an Eastern District judge into the nascent realm of pen registers, which are used by investigators to record information sent by electronic devices such as cell phones.