Small Cells, Big Problems: The Increasing Precision of Cell Site Location Information and the Need for Fourth Amendment Protections

The past fifty years has witnessed an evolution in technology advancement in police surveillance. Today, one of the essential tools of police surveillance is something most Americans carry with them in their pockets every day, the cell phone. Cell phones not only contain a huge repository of personal data, they also provide continuous surveillance of a person’s movement known as cell site location information (CSLI). In 1986, Congress sought to provide some privacy protections to CSLI in the Stored Communication Act. Although this solution may have struck the proper balance in an age when cell phones were a mere novelty in the hands of a comparative few, we now live in an age where, as the U.S. Supreme Court recently recognized, cell phones could be seen “an important feature of human anatomy.” In 1986, there were only an estimated 681,825 subscribers serviced by 1531, cell sites. By 2013, there were 335 million subscribers and over 340,000 cell sites. Recently, cell phone service providers have begun to use small cell technologies, miniature cell phone towers that can provide additional coverage and bandwidth support to overburdened cellular networks. Small cells, known variously as femtocells, picocells, and microcells, are already installed throughout the United States, in particular in urban areas. As small cells overtake traditional cell phone towers as the most common means of transmitting cellular signals, CSLI will transform from a means of placing a person’s phone in a general area within a matter of miles to a precise location tracking tool charting a person’s movements down to a matter of feet. The late Justice Scalia in his 2001 majority opinion in Kyllo v. U.S., a case involving thermal imaging, opined that “while the technology used in the present case was relatively crude, the rule we adopt must take account of more sophisticated systems that are already in use or in development.” This Article explores the evolution of CSLI by focusing on the rise of small cell technologies. It also canvasses decisions in the circuits involving CSLI. It points out that the third-party exception to the Fourth Amendment is inapplicable to CSLI. Following Justice Scalia’s admonition, we believe that CSLI will only grow more precise as small cells infiltrate cellular networks and we therefore adopt an approach that incorporates the Fourth Amendment requirements for a search warrant particularly describing the place to be searched and items to be seized as well as the requirement for probable cause. Placing CSLI under the Fourth Amendment would make a major section of the Stored Communication Act unconstitutional

Genetics of Intraspecies Variation in Avoidance Behavior Induced by a Thermal Stimulus in Caenorhabditis elegans.

Individuals within a species vary in their responses to a wide range of stimuli, partly as a result of differences in their genetic makeup. Relatively little is known about the genetic and neuronal mechanisms contributing to diversity of behavior in natural populations. By studying intraspecies variation in innate avoidance behavior to thermal stimuli in the nematode Caenorhabditis elegans, we uncovered genetic principles of how different components of a behavioral response can be altered in nature to generate behavioral diversity. Using a thermal pulse assay, we uncovered heritable variation in responses to a transient temperature increase. Quantitative trait locus mapping revealed that separate components of this response were controlled by distinct genomic loci. The loci we identified contributed to variation in components of thermal pulse avoidance behavior in an additive fashion. Our results show that the escape behavior induced by thermal stimuli is composed of simpler behavioral components that are influenced by at least six distinct genetic loci. The loci that decouple components of the escape behavior reveal a genetic system that allows independent modification of behavioral parameters. Our work sets the foundation for future studies of evolution of innate behaviors at the molecular and neuronal level

Innovation, Reallocation and Growth

We build a model of firm-level innovation, productivity growth and reallocation featuringendogenous entry and exit. A key feature is the selection between high- and low-type firms, which differ in terms of their innovative capacity. We estimate the parameters of the model using detailed US Census micro data on firm-level output, R&D and patenting. The model provides a good fit to the dynamics of firm entry and exit, output and R&D, and its implied elasticities are in the ballpark of a range of micro estimates. We find industrial policy subsidizing either the R&D or the continued operation of incumbents reduces growth and welfare. For example, a subsidy to incumbent R&D equivalent to 5% of GDP reduces welfare by about 1.5% because it deters entry of new high-type firms. On the contrary, substantial improvements (of the order of 5% improvement in welfare) are possible if the continued operation of incumbents is taxed while at the same time R&D by incumbents and new entrants is subsidized. This is because of a strong selection effect: R&D resources (skilled labor) are inefficiently used by low-type incumbent firms. Subsidies to incumbents encourage the survival and expansion of these firms at the expense of potential high-type entrants. We show that optimal policy encourages the exit of low-type firms and supports R&D by high-type incumbents and entry

Innovation, Reallocation and Growth

We build a model of firm-level innovation, productivity growth and reallocation featuringendogenous entry and exit. A key feature is the selection between high- and low-type firms, which differ in terms of their innovative capacity. We estimate the parameters of the model using detailed US Census micro data on firm-level output, R&D and patenting. The model provides a good fit to the dynamics of firm entry and exit, output and R&D, and its implied elasticities are in the ballpark of a range of micro estimates. We find industrial policy subsidizing either the R&D or the continued operation of incumbents reduces growth and welfare. For example, a subsidy to incumbent R&D equivalent to 5% of GDP reduces welfare by about 1.5% because it deters entry of new high-type firms. On the contrary, substantial improvements (of the order of 5% improvement in welfare) are possible if the continued operation of incumbents is taxed while at the same time R&D by incumbents and new entrants is subsidized. This is because of a strong selection effect: R&D resources (skilled labor) are inefficiently used by low-type incumbent firms. Subsidies to incumbents encourage the survival and expansion of these firms at the expense of potential high-type entrants. We show that optimal policy encourages the exit of low-type firms and supports R&D by high-type incumbents and entry

Integrating The College of William and Mary

This report is an account of efforts made to integrate the College in the decade following the 1964 Civil Rights Act, a period of slow and halting progress. Two critical events in 1968 raised awareness of William and Mary as a segregated institution: the assassination of the Rev. Martin Luther King, Jr. and the start of an investigation by the Department of Health, Education, and Welfare into discrimination at the College and efforts being made (or not) by the administration to comply with the Civil Rights Act. The HEW investigation eventually encompassed a lawsuit that reached the United States Supreme Court in 1971. Not until 1972, with changes at the top of the William and Mary administration, did the College begin to move toward embracing programs of affirmative action.Personal contact information for Lois Bloom has been redacted