OVERNIGHT TECH: Court to hear arguments in cellphone tracking case

THE LEDE: A federal appeals court will hear arguments on Tuesday on whether police should be able to obtain cellphone location data without a warrant.

The Justice Department will argue that police do not need warrants to collect cell tower location information for three separate investigations. Police can use data about which cell towers a phone has connected to in order to pinpoint its location.

The American Civil Liberties Union argues that the Fourth Amendment protects cellphone location data.

The 5th Circuit Court of Appeals in New Orleans will hear oral arguments on Tuesday.

In August, the 6th Circuit sided with prosecutors, ruling that people have no reasonable expectation of privacy for their cellphones' location data.

The Supreme Court ruled earlier this year in United States v. Jones that planting a GPS tracking device on a suspect's car qualifies as a search under the Fourth Amendment. 

U.S. delegation to telecommunications conference forms: The United States delegation to the World Conference on International Telecommunications (WCIT) had its first meeting on Monday.

The delegates will attend a conference in Dubai to discuss possible changes to the International Telecommunication Union's authority over the Internet. American officials are opposed to efforts that would give the international body more control over the Internet.

Federal Communications Commission Chairman Julius Genachowski issued a statement: 

“Today, the State Department officially formed the United States delegation to the World Conference on International Telecommunications (WCIT). Unfortunately, some countries would use the WCIT to restrict the free flow of information online or otherwise threaten one of the most powerful engines for global economic growth in the world today — the open Internet. Ambassador Kramer and the U.S. delegation will bring to the conference America’s steadfast, bipartisan commitment to Internet freedom and the multi-stakeholder model of Internet governance. This conference offers an important crossroads, and we must choose the path that builds on the success of the last two decades of liberalization in telecommunications regulation, preserves the successful multi-stakeholder model of Internet governances, and protects a free and open Internet. My staff and I look forward to participating in the work of the U.S. delegation. The work will be challenging, but it could not be more important.” 

Alexander says DHS should lead on cyber: The top U.S. official on cybersecurity said Monday that destructive cyber attacks against critical infrastructure could be thwarted if it was easier for the government and industry to share information with one another about malware and other threats. 

Gen. Keith Alexander, the head of U.S. Cyber Command and the National Security Agency, recommended that the Department of Homeland Security (DHS) lead any effort to facilitate the transfer of threat information between American companies and government agencies.

White House thwarts hacker attack on computer system: The White House confirmed on Monday that it thwarted an attempted cyber attack, but declined to discuss where it originated from after a media report identified China as the culprit. 

LightSquared pitches plan for saving network: Wireless venture LightSquared is seeking approval for a plan that it says will solve the technical problems that have prevented the launch of its nationwide 4G network.

In filings with the FCC on Friday, LightSquared proposed sharing airwaves with federal agencies and offered to permanently relinquish some of the frequencies that had interfered with GPS devices.

CA governor vetoes bill to restrict power to blackout cellphones: California Gov. Jerry Brown (D) vetoed a bill on Saturday that would have restricted the ability of police to block access to landline and wireless phone networks.

The legislation was spurred by an incident last year when a San Francisco transit agency shut off the transmitters that allow for cellphone reception in four underground subway stations to disrupt a planned protest over a police shooting. 

'Obama phone' video puts spotlight on FCC: Conservatives have seized on a viral video of a woman saying she plans to vote for President Obama because he gave her a free phone, arguing it highlights a wasteful government handout.

The program, called Lifeline, began in 1985.

Comcast and Bloomberg trade filings: Comcast and Bloomberg filed briefs in federal court on Monday in their legal battle over the placement of Bloomberg TV.

The case has to do with conditions the FCC put on Comcast as part of its purchase of NBC-Universal. Broadcasting and Cable has more on Monday's filings.