Table of Contents - December 15, 2017

Supreme Court Grapples With Cell-Site Location Data

The Supreme Court Nov. 29 grappled with whether it should require law enforcement agents to get a warrant based on probable cause before obtaining historical cell-site location information (CSLI) or whether the government should continue to simply be able to get such data by meeting a lower standard.

The justices heard oral arguments in the latest case that centers on whether technological advances necessitate a change to Fourth Amendment legal principles to protect the privacy of Americans.

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Judge Invalidates Nashville's 'One Touch Make Ready' Law

A federal district court judge has ruled that Nashville's "One Touch Make Ready" ordinance is preempted by federal law and that the city should be "permanently enjoined" from applying the ordinance to utility poles owned by AT&T, Inc., and other private companies.

The Nashville Metropolitan Council in 2016 passed the ordinance to help "facilitate efficient access to and enhance the public safety and convenience for accessing the public rights-of-way to manage communications facilities." Nashville Mayor Megan Barry signed the ordinance into law and called the rule "a commonsense way of speeding up the deployment of high-speed Internet throughout Davidson County." The ordinance is intended to help expedite Google Fiber's rollout of fiber in the city by allowing companies such as Google to perform make-ready work on utility poles owned by third parties.

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