Towns Have to Quickly Tell Why They Reject Cell Towers
The Supreme Court sided with T-Mobile in a court case regarding the cell tower approval process. T-Mobile claimed Roswell, Ga., sent it a short letter denying a new tower and then referred T-Mobile to the town's minutes to figure out for itself the rationale behind the denial. The town's response fell short of following 2010 federal regulations regarding such denials. T-Mobile argued that it should have been provided with the reasons for the denial in clearer form and the Supreme Court agreed. Moving forward, towns that reject new cell towers will have to provide the underlying reasons "at essentially the same time" in order to give wireless network operators the opportunity to appeal or take other legal action within the 30-day timeline. Towns are already required to act quickly on tower requests and have to provide "substantial evidence" when denying new towers. "Transparent and fair decision-making by local governments will allow wireless service providers to improve the nation’s wireless networks to meet consumers demand," said T-Mobile's general counsel in response to the ruling. Justice Sonia Sotomayor suggested towns might be best served to provide a brief statement detailing the reasons behind denials.
Supreme Court Weighing Warrants for Cell Phone Location
Nov 29, 2017
The Supreme Court today heard a case regarding whether or not law enforcement can access certain types of cell location data without a warrant. Government agencies do not currently need a warrant when requesting location and other data held by phone companies thanks to a 1979 court case.
Apple, Google, Others Weigh In On Supreme Court Data Case
Aug 15, 2017
Apple and a handful of technology companies are asking the Supreme Court to carefully consider the potential adverse outcomes if law enforcement is given warrantless access to personal information, such as location data. The companies filed a brief with the Supreme Court, which will soon hear a case about how law enforcement gleaned a suspect's location by taking the data from a third party without a warrant.
Court: FCC Allowed to Manage Tower Siting Process
Dec 21, 2015
An appeals court sided with the FCC recently in a decision that upholds the agency's authority to accelerate the process of gaining local approval for cell towers. The U.S.
Supreme Court Says Warrant Required for Cell-Based Location Searches
Jun 22, 2018
The U.S. Supreme Court ruled that law enforcement must generally obtain a search warrant in order to track people via cell phone towers.
Apple Won't Be Forced to Hack iPhone In Drug Case
Feb 29, 2016
A federal judge sided with Apple in a case involving a locked iPhone in New York City today. The Justice Department sought to use the 1789 All Writs Act to compel Apple to help unlock an iPhone so the agency could more fully investigate a suspect in a drug case.