Chatrie v. United States · ¶144
Third, unlike the generation of cell-site records, the creation of Location History data is voluntary and not integral to a cell phone’s functionality. Cell-site records are the byproduct of every phone interaction with a cell tower and thus an unavoidable consequence of sending text messages, making phone calls, or connecting to the internet. Carpen ter, 585 U. S., at 315. A person can avoid creating those records only by forgoing all use of a cell phone for these purposes, and doing so would render useless this “indispensable” component of modern life. Ibid. In contrast, users need not enable Location History for their phones to function as expected. That most Google accountholders carry on without using Location History is strong evidence that the service is not a “pervasive and insistent part of daily life” in the way that creating cell-site records is. Ibid. (internal quotation…Read in context ›
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