Fifth Circuit Considers Constitutionality of Cell Site Location Data

Susan Freiwald

Susan Freiwald is a Professor of Law at the University of San Francisco School of Law where she teaches Internet Law, Information Privacy Law, and Criminal Procedure. A former software developer, Freiwald has published and presented widely on the intersection of communications technology and law. She co-wrote the amicus brief for law professors in the Warshak case in the Sixth Circuit (2010), which found a reasonable expectation of privacy in stored e-mail. As amicus curiae, Freiwald argued that the Fourth Amendment requires a warrant for law enforcement access to historical cell site location data before the Third Circuit (2010) and the Fifth Circuit (2012). She received the most votes at the Fifth Annual Privacy Law Scholars Conference (June 2012) for her proposed: “Four Factor Test” in the Government Surveillance Competition: From Jones to Drones. Freiwald advises lawyers and companies on the electronic surveillance laws and has been working for years for legal reform of those laws. She worked closely with the co-authors of CalECPA as an issue expert and academic liaison to secure passage of that landmark law. She received her A.B. and J.D. from Harvard University, magna cum laude and clerked for the Hon. Amalya L. Kearse, U.S. Court of Appeals, Second Circuit.

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