A Brief Reminder About Triggerfish Technology and It’s Applications

As one of the documents intended to provide guidance for DOJ employees explains, triggerfish can be deployed “without the user knowing about it, and without involving the cell phone provider.” That may be significant because the legal rulings requiring law enforcement to meet a high “probable cause” standard before acquiring cell location records have, thus far, pertained to requests for information from providers, pursuant to statutes such as the Communications Assistance for Law Enforcement Act (CALEA) and the Stored Communications Act.

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