and Lisa Hay, both with the federal public defender's office in Portland, have been watching the issue closely and have seen just how complicated it is.
That should give people pause because then we don't know how frequently or on whom those methods of information-gathering are being utilized," Baggio
Administrative subpoenas complicate the issue even further, because they give law enforcement agencies the authority to request certain records and documents without any court involvement.
While the Stored Communication Act protects certain types of information, it also allows law enforcement to use administrative subpoenas to obtain people's call histories from cell phone providers, for instance.
"It's very rare that a recipient of an administrative subpoena moves to quash, so most providers will just hand over the records," Baggio
says, noting these call detail records may include numbers dialed out, numbers calling in, the length of the call, whether the call was received or went to voicemail, whether it was a voice call or a text communication, and cell tower location information.