By Ryan Knutson, Thomas Gryta and Devlin Barrett 

AT&T Inc. said federal investigators might need a warrant to gather data about cellphone users' locations, challenging the more permissive legal framework the government has used for years.

Investigators must get permission from a judge before obtaining location data from a carrier like AT&T. But the standard of proof is lower than what is required for a warrant, thanks to Supreme Court decisions in the 1970s.

The high court ruled that the government could pull phone records without probable cause because they were business records held by the phone companies, and not private documents.

AT&T, in a friend-of-the-court brief filed Monday in an appeals-court case, said the high court's reasoning applies poorly "to how individuals interact with one another and with information using modern digital devices."

"Nothing in those [prior court] decisions contemplated, much less required, a legal regime that forces individuals to choose between maintaining their privacy and participating in the emerging social, political, and economic world facilitated by the use of today's mobile devices or other location-based services," the company said.

A Justice Department spokesman declined to comment.

The case, pending before the U.S. Court of Appeals for the 11th Circuit, involves Quartavious Davis, who in 2012 was sentenced to nearly 162 years in prison for his involvement in a string of seven robberies in the Miami area. After getting a judge's order, investigators obtained 67 days' worth of cellphone location data that placed Mr. Davis near the scenes of the crimes.

A three-judge panel of the court ruled this summer that such records should be protected under the Fourth Amendment, which guards against unreasonable searches and seizures. The government appealed, and oral arguments are scheduled for early next year.

AT&T said in its filing that it wants the courts to set a clear standard for the type of approval the government needs in order to obtain cellphone location data, and that it isn't taking a position on whether the standard should be a warrant. But its filing was significant because AT&T's arguments appeared to undermine the government's historical rationale for obtaining such data, legal experts said. Moreover, the highly regulated telecom industry generally has been more cooperative with the government than technology companies, which have taken a tougher stance recently on government surveillance.

Americans increasingly rely on cellphones to make calls, send messages and get directions, among other things, and many rarely leave home without one. Phone companies typically retain the location of the closest cell tower each time a cellphone user places or receives a call, sends a text message or establishes a data connection for purposes like downloading email.

The government has made heavy use of that data when investigating crimes. Together, AT&T and Verizon Communications Inc. got nearly 265,000 law-enforcement and civil data requests in the U.S. during the first six months of 2014.

"It gives the police a power that they have never had before in the history of law enforcement, which is a time machine into where somebody was going and what somebody was doing in the past," said Nathan Freed Wessler, an American Civil Liberties Union lawyer who has also filed a brief in the case. "It's an incredibly powerful investigative tool. And with an appropriate warrant police can get that, but what is absolutely essential is they can't just sort of walk their way into that time machine without demonstrating probable cause."

The government argued in a brief filed in August that location data "help to deflect suspicion from the innocent, build probable cause against the guilty, aid in the search for truth, and judiciously allocate scarce investigative resources. Those real-world benefits come at a negligible cost to individual privacy."

The government also argues that location records are less detailed than global-positioning-system records, and can't be used to track a person's location in real time. "In addition, the vicinity information revealed is useful only if one already has a point of reference--in this case, for example, the robbery locations--and the records themselves do not provide a basis for ascertaining that point of reference," the Justice Department wrote in the August brief.

The issue flared up again last week when The Wall Street Journal disclosed the existence of a long-running secret Justice Department program that uses devices on airplanes to collect data from the cellphones of large numbers of everyday Americans to search for fugitives or criminal suspects.

The devices, which mimic a cellphone tower, are used to locate suspects. The government has said the practice is subject to judicial approval, but hasn't said exactly how.

The issue is likely to be settled eventually by the Supreme Court, said Ric Simmons, a professor at Ohio State University's Moritz College of Law. "The law is in the state of flux," he said. "It is definitely foggy."

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