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If the defendant is the one who wants the phone records, can't his laywer call the phone company on his behalf and obtain them?
by asperous 13y ago
If the defendant is the one who wants the phone records, can't his laywer call the phone company on his behalf and obtain them?
- cmwelsh 13y agoThe NSA has the database. The phone companies do not. It would be very impractical and a huge invasion of privacy to record conversations like this.
- anigbrowl 13y agoThe NSA database is made up of records from phone companies, per the Verizon FISA warrant. This story does not concern the recording of conversations, but records of calls made. Of course, the appellant's contention is probably specious but that's not unusual in criminal cases.
- josephagoss 13y agoThe phone company does not have the records anymore, according to the article. So they want to get the records from the NSA because they probably have not deleted them.
- tass 13y agoIn this case they're hoping the NSA kept better records than the phone provider: "The prosecution had told defense attorneys that they were unable to obtain Brown's cellphone records from the period before September 2010 because his carrier, MetroPCS, had not held on to them."
- deleted 13y ago[deleted]
- viraptor 13y agoI really hope that they tried to get the records through a court request to the right people rather then just calling the company and asking for it. I find it really unlikely that such records don't exist anymore. Phone call billing is the one thing that brings money to telcos and they're often processed and analysed. They may not be exposed to public, but not keeping a backup of them stored at least on some tapes somewhere for years is really surprising...