Full opinion text
MEMORANDUM OPINION LIAM O’GRADY, District Judge. This matter comes before the Court on Petitioners’ Objections to rulings issued by United States Magistrate Judge Theresa Carroll Buchanan regarding an Order issued after application under Title II of the Electronic Communications Privacy Act, known as the Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq. In their Motion to Vacate (Doc. 1) and Motion to Unseal (Doc. 3), Petitioners moved to quash the Order, unseal the application seeking the Order, and publicly docket other related information. Magistrate Judge Buchanan denied the motion to vacate and granted in part and denied in part the motion to unseal, and Petitioners objected. For the reasons stated in this opinion, Petitioners’ objections are DENIED. I. BACKGROUND As part of an ongoing criminal investigation, Respondent United States of America obtained a court order to turn over information pertaining to Petitioners, who were subscribers and users of certain websites and services of interest to the government. Petitioners Jacob Appelbaum, Rop Gonggrijp, and Birgitta Jonsdottir challenge the order and other rulings as Real Parties in Interest. Mr. Appelbaum is a resident and citizen of the United States and is a computer security expert. Doc. 3 at 10. Mr. Gonggrijp is a Dutch citizen and a computer security expert. Doc. 3 at 11. Birgitta Jonsdottir is a citizen and resident of Iceland, and currently serves as a member of the Parliament of Iceland. Doc. 3 at 10. Each Petitioner used the Internet to communicate with the Twitter social networking service. A. Twitter Petitioners are Twitter subscribers. Twitter is a social networking service that permits users to post pithy messages using short communications called “tweets,” and to read the tweets of other users. Users can monitor, or “follow,” other users’ tweets, and can permit or forbid access to their own tweets. In addition to posting their own tweets, users may send messages to a single user (“direct messages”) or repost other users’ tweets (“retweet”). Each Twitter user has a unique username. Mr. Appelbaum, for example, used the moniker ioerror. Mr. Gonggrijp was known as rop_g, and Ms. Jonsdottir used the name birgittaj. As counsel for Mr. Applebaum stated at the hearing on February 15, 2011, a person signing up for the Twitter service must click on a button below a text box indicating that “[b]y clicking the button, you agree to the terms below,” where the “terms” referred to are displayed in the text box. See Doc. 41 at 17; Ex. 1 attached to Decl. of Karen Bringola (“Bringola Deck”), Doc. 45-1 at 5. Those terms are listed in a small text box. See Doc. 45-1 at 5. The terms indicate that users agree to the Twitter Privacy Policy (“Privacy Policy”). See Ex. 3, attached to Bringola Deck at 22-23; see also Twitter Privacy Policy, http://twitter.com/privacy (last accessed Nov. 9, 2011). Neither party disputes that Twitter users click on a button indicating agreement to the terms, including the Privacy Policy, as a practical condition of creating an account. See Doc. 41 at 16-17. At the hearing before Magistrate Judge Buchanan on the motion to vacate, the following discussion took place: MR. KEKER [arguing the Motion to Vacate on behalf of all parties in interest]: And in a hearing we believe we could show that not nobody, but most people, the vast majority of people have no idea that Twitter collects the information about their whereabouts and— THE COURT: Well, your clients seem like pretty knowledgeable people, and they did agree to Twitter’s privacy policy, did they not? MR. KEKER: They—I wouldn’t accept that they agreed to Twitter privacy policy. THE COURT: They were informed of it at any rate— MR. KEKER: They went ahead with Twitter in the face—I have had those things pop up on my screen every time I have gotten a new program. I think their—I have— THE COURT: So, you don’t read them? MR. KEKER: I have never read the whole thing. So, saying that they agreed to it, it was jammed down their throat. Yes, it appeared on their screen, there is no question about that. THE COURT: Well, it would be a condition of creating a Twitter account, would it not? MR. KEKER: Correct, that’s true. THE COURT: Okay. And they agreed to that, correct? MR. KEKER: They created a Twitter account, that’s certainly true. THE COURT: All right. Subject to that. Okay. MR. KEKER: And that is one factor, I totally agree, that would be as useful factor for the Government in this hearing where you tried to figure out what a reasonable expectation of privacy is. But I would argue that there would be ways to overcome that. Doc. 41 at 16-17. The Privacy Policy informs users about information collected upon registration of an account, as well as additional information collected by Twitter in the course of its operation. Bringola Decl. at 22-23. Twitter collects many types of usage information, including physical location, IP address, browser type, the referring domain, pages visited, search terms, interactions with advertisements, clicks on links, cookies, and other types. Id. The Privacy Policy further states that Twitter may disclose information about an account if Twitter believes it reasonably necessary to comply with a law, regulation or legal request, or to address fraud, security, or technical issues, or protect a person’s safety. Bringola Decl. at 23. B. IP Addresses A computer attached to the Internet uses a unique numerical address called an Internet Protocol address, or IP address, to identify itself to other computers. Nat’l Cable & Telecomm. Ass’n v. Brand X Internet Svcs., 545 U.S. 967, 987 n. 1, 125 S.Ct. 2688, 162 L.Ed.2d 820 (2005) (“IP addresses identify computers on the Internet, enabling data packets transmitted from other computers to reach them.”); United States v. Yu, 411 FedAppx. 559, 560 n. 1 (4th Cir.2010) (“Each computer connected to the Internet is assigned a unique numerical address, otherwise known as an Internet protocol or IP address, to identify itself and facilitate the orderly flow of electronic traffic”) (quoting Peterson v. Nat’l Telecomm’ns & Info. Admin., 478 F.3d 626, 629 (4th Cir.2007)). In computer terms, an IP address is a 32-bit integer that can be stamped on network communications or translated into human-readable format. The most basic communication standard underlying the Internet, called the Internet Protocol, uses IP addresses to transmit bundles of data, called “packets,” through the network. Amicus Br. of Steven Bellovin, Ph.D., et al. (“Bellovin Br.”), Doc. 49 at 5. Each IP address is a numeric address, usually expressed as four numbers separated by periods (such as a.b.c.d, where a, b, c, and d represent numbers from 0 to 255). Bellovin Br. at 5. Special computers called “routers” communicate packets among themselves through a patchwork of interconnections and maintain a database that specifies how to direct each packet in the proper direction. See Bellovin Br. at 5-6. Each packet is stamped with a source IP address and a destination IP address, and every time a router receives a packet, it examines the destination address, looks up routing information for that address in the database, and forwards the packet toward the right network. Bellovin Br. at 5-6. This process is repeated until the packet reaches a router that can transmit directly to the destination IP address. Clearly, correct IP addressing information is essential to Internet technology. A human user may not know the specific IP address assigned to his network connection, or the IP address of a remote computer or website, even though the computer must know those addresses as a prerequisite to Internet communications. Bellovin Br. at 6-7. Nowadays, most Internet users access a system called the Domain Name System, or DNS, that allows persons to use a computer name (such as twitter.com or www.vaed.uscourts. gov) as a substitute for an IP address. Peterson> 478 F.3d at 629. Thus, when a person attempts to access a named computer, the person’s computer finds the IP address of the remote site by matching, or “resolving,” the name to the proper IP address, then contacts the website over the Internet using that IP address. From the perspective of the destination computer, it is an extraordinarily simple task to determine the IP address of the computer seeking to access it. Bellovin Br. at 7; see also United States v. Christie, 624 F.3d 558, 563 (3d Cir.2010) (“IP addresses are also conveyed to websites that an internet user visits, and administrators of websites ... can see the IP addresses of visitors to their sites.”). Most websites maintain standard logs of connecting IP addresses, along with date and time information, and may even include information about the user associated with the connection. Bellovin Br. at 7. Such information is routinely gathered to evaluate usage patterns, engage in site marketing analysis, troubleshoot problems, or to gather feedback. Some commercial enterprises even collect IP address information to provide location data associated with particular users, presumably for marketing purposes. Bellovin Br. at 8; see Bringola Decl. at 22-23. Each network attached to the Internet, whether privately or publicly owned, is associated with a particular block of IP addresses. Bellovin Br. at 5-6. Some of these networks assign a unique IP address to each attached device, whereas others assign an IP address to a device that allows a private network to share a single IP address. Bellovin Br. at 6. Some networks assign one predefined address to each attached device (“static” addressing), whereas others assign addresses from a pool of available addresses (“dynamic” addressing). See Bellovin Br. at 6; see also Christie, 624 F.3d at 563 (“Residential internet customers typically connect to the internet through an internet service provider (TSP’). Each time a customer connects, the ISP assigns a unique identifier, known as an IP address, to the customer’s computer terminal. Depending on the ISP, a customer’s IP address can change each time he logs on to the internet.”). If a portable device (like a laptop) moves from one network to another, such as between a home office and a coffee shop, the IP address of the device changes. Bellovin Br. at 4. IP address information, by itself, cannot identify a particular person. As amici point out, IP address information can identify a particular personal computer, subject to the possibility of dynamic addressing noted above, but it can also identify a device that connects to another network, such as an internal home or office network. Bellovin Br. at 4. Moreover, though IP addresses can assist in identification, they have been found inadequate to identify a particular defendant for the purposes of service of process. See, e.g., Call of the Wild, Movie, LLC v. Does 1-1,062, 770 F.Supp.2d 332, 346-48 (D.D.C.2011) (denying motions to quash subpoenas issued for jurisdictional discovery of unnamed defendants using known IP addresses); Diabolic Video Prod., Inc. v. Does 1-2099, No. 10-cv-5865, 2011 WL 3100404, at *2 (N.D.Cal. May 31, 2011) (for proper service of process, IP addresses must be tied to a name and address in physical space). Even if certain actions are traceable to an IP address, therefore, attributing those actions to a real person requires evidence associating a real world person with the residuum of his more transient and diaphanous presence in cyberspace. C. The Twitter Order On December 14, 2010, upon ex parte application by the government, Magistrate Judge Buchanan issued an order (“Twitter Order”) under 18 U.S.C. § 2703(d) instructing Twitter, Inc. to produce specified electronic records to the government. Ex. 1 attached to Doc. 2-1, Decl. of Stuart A. Sears (“Sears Decl.”), at 2-4. Magistrate Judge Buchanan found that Respondent had “offered specific and articulable facts showing that there [were] reasonable grounds to believe that the records or other information sought [were] relevant and material to an ongoing criminal investigation,” that “the information sought [was] relevant and material to an ongoing criminal investigation, and that prior notice of [the Twitter Order] to any person of this investigation or this application and Order entered in connection therewith would seriously jeopardize the investigation[.]” Sears Decl. at 2. She therefore ordered that the application and Twitter Order be sealed, and ordered Twitter not to disclose the existence of either the Twitter Order or the investigation until authorized by the Court. Sears Decl. at 3. The Twitter Order required Twitter to produce specified electronic records related to Petitioners and their usernames, as well as records concerning Wikileaks, Julian Assange, and Bradley Manning. In particular, Respondent sought the following records: A. The following customer or subscriber account information for each account registered to or associated with Wiki-leaks; rop_g; ioerror; birgittaj; Julian Assange; Bradley Manning; Rop Gongrijp [sic]; Birgitta Jonsdottir for the time period November 1, 2009 to present: 1. subscriber names, user names, screen names, or other identities; 2. mailing addresses, residential addresses, business addresses, e-mail addresses, and other contact information; 3. connection records, or records of session times and durations; 4. length of service (including start date) and types of service utilized; 5. telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and 6. means and source of payment for such service (including any credit card or bank account number) and billing records. B. All records and other information relating to the account(s) and time period in Part A, including: 1. records of user activity for any connections made to or from the Account, including the date, time, length, and method of connections, data transfer volume, user name, and source and destination Internet Protocol address(es); 2. non-content information associated with the contents of any communication or file stored by or for the aecount(s), such as the source and destination email addresses and IP addresses. 3. correspondence and notes of records related to the account(s). Doc. 2-1 at 4. On January 5, 2011, upon motion by Twitter and consent by the government, Magistrate Judge Buchanan unsealed the Twitter Order, finding that it was in the best interest of the investigation and authorizing Twitter to disclose the Twitter Order to its subscribers. Sears Decl., Ex. 2, Doc. 2-2 at 2. D. Motion to Vacate and Motion to Unseal On January 26, 2011, Petitioners filed a Motion to Vacate the Twitter Order and a Motion to Unseal certain court records. Docs. 1 & 3. The Motion to Vacate asked the Court to vacate the Twitter Order on various statutory and constitutional grounds. Doc. 1. The Motion to Unseal requested unsealing of a wide variety of materials, namely: “(1) all orders and documents filed in this matter before the Court’s issuance of the December 14, 2010 Order requiring Twitter to provide information concerning Movantsf]; (2) all orders and documents filed in this matter after issuance of the Twitter Order; (3) all similar judicial orders requiring entities other than Twitter to provide information concerning Movants’ electronic communications and publications!; ] and (4) all documents filed in connection with such other orders or requests for such orders[.]” Doc. 3 at 8. In addition, the Motion to Unseal requested public docketing of all orders issued under 18 U.S.C. § 2703. Doc. 3 at 16-17. After extensive briefing, Magistrate Judge Buchanan issued an order and accompanying memorandum opinion on March 11, 2011 (“March 11 Order”) in which she denied the Motion to Vacate, granted in part the Motion to Unseal, and kept under advisement the issue of public docketing. Docs. 38 & 39. On June 1, 2011, Magistrate Judge Buchanan issued an order (“June 1 Order”) and accompanying memorandum opinion denying the request for public docketing. Docs. 60 & 61. Petitioners filed Objections to both Orders, and their Objections are now before the Court. Docs. 45 & 64. II. ANALYSIS A. Standard of Review Because this matter arises on objection to a magistrate judge’s orders, the Court must determine the appropriate standard of review. As a threshold matter, the Court must first address the basis for Magistrate Judge Buchanan’s jurisdiction over this matter. Section 636(b) of U.S.Code, Title 28 grants jurisdiction as follows (in relevant part): (1) Notwithstanding any provision of law to the contrary— (A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law. (B) a judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement. (C) the magistrate judge shall file his proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties. Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions. (3) A magistrate judge may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States. 28 U.S.C. § 636(b)(1), (3). The Federal Rules of Criminal and Civil Procedure implement § 636 in criminal and civil cases. See Fed.R.Crim.P. 59; Fed.R.Civ.P. 72. Paragraph (1) of § 636(b) establishes the general contours of magistrate judge referral jurisdiction. A district judge may refer certain pretrial matters to the magistrate judge, and the magistrate judge’s orders issued under this authority may be reversed if “clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A). Alternatively, a district judge may designate a matter for hearing and issuance of a report and recommendation by a magistrate judge. 28 U.S.C. § 636(b)(1)(B). Upon timely objection, the district court performs a de novo review of the report and recommendation before disposing of the matter. 28 U.S.C. § 636(b)(1)(C). If a matter is not covered by the provisions of paragraphs (1), the catch-all provision in paragraph (3) allows the district courts to “experiment in the assignment of other duties to magistrates which may not necessarily be included in the broad category of ‘pretrial matters.’ ” H.R. Rep. No. 94-1609, at 10 (1976), reprinted in 1976 U.S.C.C.A.N. 6162, 6172; see also S.Rep. No. 94-625 (1976). Neither the federal criminal nor civil rules implement paragraph (3). Petitioners contend that the Objections are offered under either Federal Rule of Criminal Procedure 59(b) or Federal Rule of Civil Procedure 72(b), both which follow § 636(b)(1)(B) in requiring de novo review of all dispositive orders issued by magistrate judges. Doc. 45 at 12; Doc. 64 at 11-12. Because denial of both Motions addressed all the relief requested, Petitioners argue, the denial was dispositive and the Court should review both orders under the de novo standard set forth in § 636(b)(1)(B). The government counters that Rule 59(b) is inapplicable because it applies only where a magistrate has issued “proposed findings and recommendations.” Fed. R.Crim.P. 59(b). Because no such findings or recommendations were issued here, the government argues, Rule 59(b) cannot apply. Moreover, the government argues, these Objections arise under Rule 59(a) of the Federal Rules of Criminal Procedure, which applies § 636(b)(1)(A) to criminal proceedings because they relate to a § 2703 order issued as part of a criminal investigation. The magistrate judge’s orders “[do] not dispose of a charge or defense” under Fed.R.Crim.P. 59(a), that is, a substantive crime or defense, but ordered the disclosure of records by a third party in the course of an ongoing investigation. Therefore the Motions below are non-dispositive pretrial orders under Federal Rule of Criminal Procedure 59(a) and 28 U.S.C. § 636(b)(1)(A). Doc. 55 at 2-5. By its terms, § 636(b)(1)(A) cannot control because, as far as the Court knows, no event has occurred that would trigger Petitioners’ right to trial by jury, and thereby render this a typical “pretrial matter.” Nor does § 636(b)(1)(B) control, because no judge referred this matter to Magistrate Judge Buchanan for issuance of a report and recommendation, either by order or standing order. Instead, this matter fits within the catch-all provision of § 636(b)(3), which permits assignment of “such additional duties as are not inconsistent with the Constitution and laws of the United States.” 28 U.S.C. § 636(b)(3). Neither party has hinted that determination of the matter at hand is inconsistent with either the Constitution or federal law, and this Court is unaware of any basis for such a conclusion. The Court therefore concludes that magistrate judge jurisdiction was proper under § 636(b)(3). Accordingly, no rule of procedure governs the standard of review here. Because this grant of jurisdiction is “not restricted in any way by any other specific grant of authority to magistrates,” H.R. Rep. No. 94-1609, at 10 (1976), reprinted in 1976 U.S.C.C.A.N. 6162, 6172, the Court next considers what standard of review should apply. Urging de novo review, Petitioners rely on Aluminum Co. of America v. EPA (ALCOA), where the Fourth Circuit held that a motion to quash an administrative warrant was a dispositive motion under either § 636(b)(1) or § 636(b)(3) because the motion to quash contained all the requested relief. 663 F.2d 499, 501-02 (4th Cir.1981). They argue that Magistrate Judge Buchanan’s denial of Petitioners’ motions to vacate and to unseal addressed all the relief requested in this matter, and no other requests remained outstanding. Therefore, they argue, the motion to vacate and the motion for unsealing constitute one demand for relief and are subject to the same standard of review. The government distinguishes ALCOA as pertaining only to an administrative investigation proceeding, not a grand jury proceeding. Moreover, the government argues, the Orders entered by the magistrate judge here did not dispose of the underlying grand jury investigation, and therefore could not be dispositive. Though ALCOA applied de novo review where denial of a single motion for relief— in that case a motion to quash—resulted in the disposition of the entire action, the situation here is not analogous. No proceeding, whether a grand jury or other investigation, was terminated by Magistrate Judge Buchanan’s orders. Petitioners filed the two motions here on January 26, 2011, then filed another motion for unsealing on January 31, 2011. Docs. 1, 3, & 17. On September 20 and October 11, 2011, Petitioners filed additional sealed motions for further relief. Docs. 75, 78, 80, & 82. Disposition of any one of these orders would not terminate the rest of the orders. No preclusive consequences arise from denial of Petitioners’ motions. No rule prevents other parties from filing motions in this case. Indeed, Twitter, Inc. filed a motion on February 8, 2011, and amici filed motions on February 14, March 29, and March 31, 2011. In short, this matter is ongoing, and resolution of Petitioners’ objections does not constitute “dis-positive” relief under § 636. Moreover, an administrative agency conducted the investigation in ALCOA, and there was no hint that the judicial branch could either terminate or supervise the agency’s investigation. Here, by contrast, the underlying investigation apparently involves a grand jury, which despite its independent status, is supervised by the judicial branch. United States v. Williams, 504 U.S. 36, 47-48, 112 S.Ct. 1735, 118 L.Ed.2d 352 (1992) (“The grand jury requires no authorization from its constituting court to initiate an investigation, nor does the prosecutor require leave of court to seek a grand jury indictment. And in its day-to-day functioning, the grand jury generally operates without the interference of a presiding judge.” (citations omitted)); United States v. U.S. Dist. Ct. for S. Dist. of W.Va., 238 F.2d 713, 722 (4th Cir.1957) (“While the grand jury is summoned, empaneled and sworn by the court, it is essentially independent of court control.”). A grand jury terminates its operations when discharged by the court. See Fed.R.Crim.P. 6(g); see generally U.S. Dist. Ct. for S. Dist. of W.Va., 238 F.2d at 722. For these reasons, administrative subpoenas are “treated differently than other subpoenas in that they are final, appealable orders,” a fact which weighs in favor of a conclusion that quashing only of administrative subpoenas should be treated as dispositive under § 636. In re Oral Testimony of a Witness Subpoenaed Pursuant to Civil Investigative Demand No. 98-19, 182 F.R.D. 196, 201-02 (E.D.Va.1998). Specifically, “district court orders enforcing subpoenas in connection with grand jury proceedings or criminal or civil trials are not immediately appeal-able, absent a contempt citation, because such appeals would greatly delay the judicial process; orders enforcing subpoenas in connection with administrative investigations, by contrast, may be appealed immediately because there is no judicial proceeding in process that such appeals would delay.” Reich v. Nat’l Eng’g & Contracting Co., 13 F.3d 93, 95-96 (4th Cir.1993). The problems of delay are the same for § 2703 orders as they are for search warrants, grand jury subpoenas, and other types of subpoenas. The Court thus concludes that Reich’s reasoning is appropriate here, and Petitioners’ motions are not dispositive within the meaning of 28 U.S.C. § 636. Because the motions are not dispositive, the Court reviews their denial under a more deferential standard. The Court finds that the appropriate standard of review is that specified in § 636(b)(1)(A), that is, whether the magistrate judge’s order is “clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A). Three factors weigh in favor of applying the standard of review set forth in (b)(1)(A). First, as the Fourth Circuit and other courts have noted, the standard of review question raises practical concerns that weigh in favor of the (b)(1)(A) standard. Requiring de novo review as a general matter would render the investigation open to significant interference and delay. Petitioners could file seriatim motions for relief, each requiring de novo review by a district judge. This would transform what has historically been a series of ex parte proceedings constrained by judicial review into an adversarial contest of attrition. Interested parties would have the power to effectively halt or direct the course of the investigation, or to impose a significant procedural burden on it. The grand jury may not be used as “a pawn in a technical game,” and the Constitution and federal law require no such result. See U.S. Dist. Ct. for S. Dist. Of W. Virginia, 238 F.2d at 722 (quoting United States v. Johnson, 319 U.S. 503, 512, 63 S.Ct. 1233, 87 L.Ed. 1546 (1943) (Frankfurter, J.)). Second, the motions at issue here are the functional equivalent of the “pretrial matters” referred to in § 636(b)(1)(A), and the magistrate judge’s decisions on them are therefore entitled to the same deference. The magistrate judge is in the best position to understand how her rulings will affect the government’s investigation, and discretion is therefore most appropriately vested with her. The pretrial matters specifically exempted from the deferential standard under (b)(1)(A) are dispositive or have some effect on the substantive claims of a particular case, permitting a division of labor in which the magistrate handles procedural issues while allowing the district judge to focus on the merits of the case. The district judge therefore appropriately defers to the judgment of the magistrate judge in such matters. Third, Fourth Circuit case law indicates that the Court should review the denial of Petitioners’ motions to unseal under the deferential standard. The Court’s decision here is constrained by Media Gen. Operations, Inc. v. Buchanan (Media General), 417 F.3d 424, 429 (4th Cir.2005) (citing Baltimore Sun Co. v. Goetz, 886 F.2d 60, 65 (4th Cir.1989)). Though Media General did not involve the standard of review for a district judge reviewing a magistrate judge’s sealing decisions regarding § 2703 orders, it did speak of vesting discretion to seal or unseal in the judicial officer who issued a search warrant. “The decision to seal or grant access to warrant papers is committed to the sound discretion of the judicial officer who issued the warrant and reviewed for abuse of discretion.” Media General, 417 F.3d at 429 (quotations omitted). Applications for § 2703 orders are just as sensitive as warrant papers, and the Court can find no material distinction between the two processes with respect to unsealing. The Court therefore holds that denial of Petitioners’ various motions to unseal should be reviewed deferentially to determine if the denials constitute an abuse of discretion. Petitioners cite several other inapposite cases in support of their bid for de novo review. The case of Virginia Dep’t of State Police v. Washington Post, 386 F.3d 567, 575 (4th Cir.2004) is irrelevant to the standard of review issue presented here. The language cited by Petitioners refers to the standard of review on appeal to the Fourth Circuit, not district judge review of a magistrate judge’s decision. They also cite In re Application & Affidavit for a Search Warrant, 923 F.2d 324, 326 n. 2 (4th Cir.1991) for the proposition that the decision to grant or deny access is generally best left to the “trial court,” which Petitioners argue is a district judge, not a magistrate judge. Doc. 64 at 11-12. In re Application & Affidavit is not relevant here, however, because that case addressed whether voir dire could be properly referred to a magistrate judge. It specifically noted that a district judge has superior familiarity with “the intricate workings of criminal trial procedures, the varying methods of voir dire, jurors’ responses to pretrial publicity, and whether a defendant can be granted a fair trial.” In re Application & Affidavit, 928 F.2d at 327-28. Here, by contrast, the situation is reversed: magistrate judges handle most orders related to grand jury proceedings, which are (to borrow the Fourth Circuit’s language) grist for the magistrate judges’ mill, so district judges rightly defer to magistrate judges’ discretion. Moreover, Petitioners have not provided a persuasive reason for the Court to ignore the Fourth Circuit’s standard from Media General, which makes clear that a decision to grant access is committed “to the sound discretion of the judicial officer who issued the warrant and [is] reviewed for abuse of discretion.” 417 F.3d at 429 (quotations omitted). B. Issuance of the Twitter Order Petitioners challenge Magistrate Judge Buchanan’s ruling that they do not have standing to challenge the Twitter Order, that issuance of the Twitter Order was proper under the Stored Communications Act, and that issuance of the Twitter Order did not violate the Fourth Amendment. Petitioners also object that issuance of the Twitter Order violated their rights under the Due Process Clause and the First Amendment, and that regardless of whether any particular constitutional violation has occurred, constitutional avoidance justifies discretionary action to vacate the Twitter Order. 1. Stored Communications Act Congress enacted the SCA as Title II of the Electronic Communications Privacy Act of 1986, Pub. L. No. 99-508, 100 Stat. 1848 (1986) (codified as amended at 18 U.S.C. §§ 2701-2711 (2010)), which was intended to extend enhanced privacy protections to then-nascent forms of telecommunications and computer technology like cellular phones, pagers, and electronic mail. See S.Rep. No. 99-541 at 4 (1986), reprinted at 1986 U.S.C.C.A.N. 3555, 3559; see generally Orin S. Kerr, A User’s Guide to the Stored Communications Act, and a Legislator’s Guide to Amending It, 72 Geo. Wash. L. Rev. 1208,1209-13 (2008). The core of the SCA is 18 U.S.C. § 2703, which establishes procedures by which the government may obtain access to electronic communications and information. Section 2703 distinguishes between “contents” and non-content “records.” 18 U.S.C. § 2703; see Smith v. Maryland, 442 U.S. 735, 743-44, 99 S.Ct. 2577, 61 L.Ed.2d 220 (1979). If the government seeks content information about a communication, that is, “information concerning the substance, purport, or meaning of that communication,” paragraphs (a) and (b) apply. 18 U.S.C. §§ 2510(8), 2703(a)-(b), 2711. If the government seeks non-content records, as it does here, paragraph (c) controls, and provides different procedural protections. 18 U.S.C. § 2703(c). The Twitter Order was issued under paragraph (c), which enumerates particular records subject to disclosure, including the subscriber or customer’s name, address, telephone connection records or records of session times and durations, length and type of service used, telephone number or temporarily assigned network address, and method of payment. Id. The government need not notify the customer or subscriber of a records request under paragraph (c). 18 U.S.C. § 2703(c)(3). If the requirements are satisfied, a court order “shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation.” 18 U.S.C. § 2703(d). The SCA authorizes limited challenges to orders issued under § 2703. A service provider from whom disclosure is ordered may make a prompt motion to “quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider.” Id. A subscriber or customer, by contrast, may bring a statutory challenge to a § 2703 order issued pursuant to 18 U.S.C. § 2704 or in a post-execution remedy set forth elsewhere in the chapter. Under § 2704, the subscriber or customer may only challenge an order containing a requirement that the service provider create a backup copy of certain communication contents. 18 U.S.C. § 2704(b)(1)(A). If the order contains such a provision, the service provider must maintain the backup copies for a period of time. See 18 U.S.C. § 2704(a)(3). (I) Statutory Standing Magistrate Judge Buchanan concluded that § 2704 does not apply here because the Twitter Order sought non-content records, and no other provision of the SCA authorizes a pre-execution challenge. Therefore, she held, the SCA forbids the subject of a § 2703 order from challenging the order. Petitioners challenge that conclusion. The parties do not dispute that the Twitter Order sought non-content records, nor do they dispute that § 2704 is inapplicable here. Rather, they dispute the significance of § 2704 within the statutory scheme. Petitioners argue that Magistrate Judge Buchanan’s statutory analysis is incorrect, but can point to no provision of the SCA explicitly authorizing a pre-execution motion to vacate like the one here. The government argues that because § 2704 is the only provision of the SCA permitting a subject to contest a § 2703 order, and § 2704 does not apply here, Petitioners have no statutory standing to challenge the Twitter Order on non-constitutional grounds. Viewed within the SCA as a whole, it is clear that the heightened procedural requirements applicable to § 2704 backup orders are the exception, not the rule. A customer whose backup copy is to be provided to the government receives special notice and opportunity to object, and a service provider may not provide the backup copy to the government until the challenge .has been settled. 18 U.S.C. § 2704(a)(2), (4). The SCA creates no analogous process for other orders. Because Congress clearly provided pre-disclosure protections for one type of § 2703 order but not for others, the Court must infer that Congress deliberately declined to permit challenges for the omitted orders. Had Congress intended to permit pre-execution challenges, Congress could easily have done so, whether in § 2703 or elsewhere. It did not. The total omission of any additional pre-execution opportunity for a subscriber or customer to challenge a § 2703 order reflects Congress’s intention to prevent such challenges. See NISH v. Cohen, 247 F.3d 197, 203-04 (4th Cir.2001) (“The omission by Congress of language in one section of a statute that is included in another section of the same statute generally reflects Congress’s intentional and purposeful exclusion in the former section.”); Piney Mountain Coal Co. v. Mays, 176 F.3d 753, 765 (4th Cir.1999); see also Russello v. United States, 464 U.S. 16, 23, 104 S.Ct. 296, 78 L.Ed.2d 17 (1983) (“Where Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion. Had Congress intended to restrict § 1963(a)(1) to an interest in an enterprise, it presumably would have done so expressly as it did in the immediately following subsection (a)(2).” (punctuation and citations omitted)); Ayes v. U.S. Dep’t of Veterans Affairs, 473 F.3d 104, 110-11 (4th Cir.2006) (citing Barnhart v. Peabody Coal Co., 537 U.S. 149, 168, 123 S.Ct 748, 154 L.Ed.2d 653 (2003)). Even where Congress provides remedies to subjects of § 2703 orders, they exist as carefully crafted post-execution, not preexecution, remedies. The SCA forbids a victim of an unlawful order from seeking-legal redress from a service provider who discloses information in accordance with the terms of a § 2703 order, but permits a damages award to any person aggrieved by an intentional or knowing violation of the SCA. 18 U.S.C. §§ 2703(e), 2707(a). The SCA specifically exempts the government from liability for damages, but provides that a government violation of the SCA or the Constitution will trigger potential disciplinary proceedings. 18 U.S.C. § 2707(a)-(d). The SCA makes clear that the statutory remedies are the only remedies: “The remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.” 18 U.S.C. § 2708. Based on this evidence, the Court concludes that the Stored Communications Act does not confer upon Petitioners a right to seek non-constitutional review of the Twitter Order. The Court declines to imply a statutory right to notice or a pre-execution hearing. The magistrate judge correctly concluded that Petitioners have no statutory standing to bring the Motion to Vacate the Twitter Order on non-constitutional grounds. (II) Sufficiency of the evidence Even if Petitioners have standing to object to the Twitter Order on non-constitutional grounds, Petitioners fail to show that Magistrate Judge Buchanan incorrectly issued the Twitter Order under § 2703(d). Petitioners allege that the Twitter Order was mistakenly issued because the government did not offer “specific and articulable facts showing that there are reasonable grounds to believe that the ... records or other information sought[ ] are relevant and material to an ongoing criminal investigation.” 18 U.S.C. § 2703(d). Before analyzing whether the § 2703 standard was satisfied, however, it is important to note that although the Twitter Order itself has been unsealed, the confidential factual affidavit submitted in support of the § 2703(d) application remains under seal. The Court has thoroughly reviewed the application in consideration of this matter. Petitioners argue that because most of their Twitter activity was unrelated to Wikileaks, the application could not have met the § 2703(d) standard. Doc. 45 at 15. The Court disagrees. The sealed affidavit clearly sets forth specific and articulable facts showing reasonable grounds to believe that the information sought by the government was relevant and material to the investigation. The government’s factual basis for the Twitter Order was significantly more concrete than the “mere speculation” or “blind request” that Petitioners complain of. Doc. 45 at 15-16. Moreover, the information sought was clearly material to establishing key facts related to an ongoing investigation, and would have assisted a grand jury in conducting an inquiry into the particular matters under investigation. Petitioners further object that the Twitter Order was unlawful because “the government cannot be permitted to blindly request everything that ‘might’ be useful and ignore § 2703’s materiality requirement.” Doc. 45 at 16; Doc. 30 at 9-10. In other words, Petitioners object to the Twitter Order as overbroad because it seeks records, only some of which are material. The Twitter Order is not over-broad. First, as the Court will explain, it is clear that no constitutional right is implicated by disclosure of the sought records, so there is no need for constitutional avoidance or narrow tailoring. Second, § 2703(d) requires the government to show only “reasonable grounds to believe that the ... records or other information sought[] are relevant and material to an ongoing criminal investigation.” 18 U.S.C. § 2703(d). The government need not show actual relevance, such as would be required at trial. The government has shown ample grounds for its request under this standard. Third, all evidence exists in a factual context, and to understand evidence one must understand its context. Some amount of what Petitioners consider “overbreadth” is always necessary to establish context for facts that are indisputably relevant and material. The probability that some gathered information will not be material is not a substantial objection at this stage. Fourth, the notion that the government must determine the scope of a § 2703 order with great precision before the order can be issued is quite incorrect. The purpose of a criminal investigation is to find out whether crimes have occurred; to find out whether crimes have occurred, the government must conduct a factual investigation. To restrict the government’s inquiry to a single, narrow theory before it can rule out other theories would impose a significant and unjustified burden on law enforcement. The Court holds that Magistrate Judge Buchanan did not abuse her discretion, and correctly applied the § 2703(d) standard. 2. Fourth Amendment Petitioners also challenge issuance of the Twitter Order under the Fourth Amendment. In the March 11 Order, Magistrate Judge Buchanan rejected Petitioners’ claim that they had a reasonable expectation of privacy in Internet Protocol (IP) address information sought by the Twitter Order and that warrantless disclosure of that information violated the Fourth Amendment. Specifically, she rejected Petitioners’ argument that the IP address information sought by the Twitter Order was inappropriately revealing about the interior of Petitioners’ homes and therefore protected by the Fourth Amendment. She determined that Petitioners’ Fourth Amendment argument falls under the sword of the third-party doctrine, which states that “a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.” Smith, 442 U.S. at 743-44, 99 S.Ct. 2577 (telephone numbers); see United States v. Miller, 425 U.S. 435, 442, 96 S.Ct. 1619, 48 L.Ed.2d 71 (1976) (bank records). Petitioners object to both conclusions. (I) Reasonable Expectation of Privacy in IP Address Information As a general rule, the Fourth Amendment forbids warrantless searches. City of Ontario, California v. Quon, — U.S. —, 130 S.Ct. 2619, 2630, 177 L.Ed.2d 216 (2010), (citing Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967)). To determine if the Twitter Order effected a search, therefore, the Court must ask whether Petitioners had a reasonable expectation of privacy in IP address information, as collected and stored by Twitter. See Katz, 389 U.S. at 353, 88 S.Ct. 507; see also id. at 360, 88 S.Ct. 507 (Harlan, J., concurring). Petitioners argue that they have a reasonable expectation of privacy in IP address information because it reveals information about private spaces, and because the information was not voluntarily conveyed in the course of Petitioners’ use of Twitter. Doc. 45 at 20-24. The government responds that Petitioners have no Fourth Amendment interest in IP address information because the mere possibility that IP address records could be used to discern a physical location does not create a protected Fourth Amendment interest. Doc. 55 at 15-22. Moreover, the government argues, Petitioners voluntarily conveyed their IP address information to Twitter, relinquishing any reasonable expectation of privacy in that information under the third-party doctrine. The Court should note at the outset that neither the Supreme Court nor this Circuit has clearly addressed the treatment of IP addresses under the Fourth Amendment. The Fourth Circuit has, however, addressed government attempts to obtain subscriber information, including IP address information, United States v. Hambrick, 225 F.3d 656 (tbl.), 2000 WL 1062039, at *1-*2 (4th Cir.2000) (defective subpoena requested IP address information), or information that would help correlate a particular IP address with a particular user. United States v. Bynum, 604 F.3d 161, 164 n. 2 (4th Cir.2010) (approving collection of non-IP address subscriber information by administrative subpoena, but finding that defendant abandoned argument that he had reasonable expectation of privacy in IP address). In both of these cases, the Fourth Circuit found no Fourth Amendment violation. Bynum, 604 F.3d at 164; Hambrick, 2000 WL 1062039 at *2-3. Locational Privacy Petitioners argue that they have a reasonable expectation of privacy in IP address information subject to the Twitter Order because it could be used to track their locations in and between particular private spaces over a period of time. Doc. 45 at 20-24. Petitioners rely on United States v. Karo, in which the Supreme Court found a Fourth Amendment violation when the government used an electronic beeper placed in an ether can to obtain information about the inside of a house, which led to issuance of a search warrant. 468 U.S. 705, 707-10, 104 S.Ct. 3296, 82 L.Ed.2d 530 (1984). Government agents tracked the beeper between multiple houses, determining that the ether can was inside a particular house at a particular time. Id. at 714, 104 S.Ct. 3296. The Supreme Court found a violation of the Fourth Amendment because the beeper was monitoring the inside of a private residence which was not open to visual surveillance. Id. at 715, 104 S.Ct. 3296. Specifically, the Court objected to the agents’ use of the beeper for a significant time to determine that the ether can remained on the premises, out of view. Id. This usage revealed “a critical fact about the interior of the premises that the Government is extremely interested in knowing and that it could not have otherwise obtained without a warrant.” Id. The Court distinguished its seemingly contrary result in United States v. Knotts, 460 U.S. 276, 281-82, 103 S.Ct. 1081, 75 L.Ed.2d 55 (1983) by noting that Knotts had involved warrantless surveillance of information that was “voluntarily conveyed to anyone who wanted to look ...” Karo, 468 U.S. at 715, 104 S.Ct. 3296 (quoting Knotts, 460 U.S. at 281, 103 S.Ct. 1081). Karo, by contrast, involved information in excess of what visual surveillance could have discovered. Petitioners argue that because a person’s location in a private dwelling could be revealed by IP address information collected from service providers, IP address information is analogous to the beeper deviee and locator in Karo. The government responds that Karo requires a warrant for using a tracking device to obtain information about the inside of a dwelling, but points out that neither the Supreme Court nor the Fourth Circuit has applied Karo to business records, even though such records could reveal a person’s location at a particular time. Doc. 55 at 18 n. 8. Petitioners’ analogy between beeper surveillance and IP address location tracking is ultimately unpersuasive. To begin with, Karo involved surveillance revealing information about the interior of a private home even though the tracked property had “been withdrawn from public view[.]” 468 U.S. at 714-16, 104 S.Ct. 3296. Here the situation is reversed. Instead of withdrawing their IP address information from public view, Petitioners transmitted their IP address information out of any private spaces and onto the Internet. In so doing, Petitioners exposed their IP address information to all routers conveying their Internet traffic to Twitter. There is no indication. that the government monitored, tracked, or otherwise conducted surveillance of private spaces using IP address information. Moreover, the IP address records sought by the Twitter Order were recorded by Twitter, not the government. As noted before, service providers routinely keep logs of IP addresses that access their sites. Bellovin Br. at 7-8; see also Bringola Decl. at 22. Petitioners’ use of Twitter required them to disclose their IP addresses to Twitter. If Twitter decided to record or retain this information, any privacy concerns were the consequence of private action, not government action. The mere recording of IP address information by Twitter and subsequent access by the government cannot by itself violate the Fourth Amendment. Cf. United States v. Jacobsen, 466 U.S. 109, 115-17, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984) (“It is well-settled that when an individual reveals private information to another, he assumes the risk that his confidant will reveal that information to the authorities, and if that occurs the Fourth Amendment does not prohibit governmental use of that information. Once frustration of the original expectation of privacy occurs, the Fourth Amendment does not prohibit governmental use of the now-nonprivate information!;.]”) (citing Miller, 425 U.S. at 443, 96 S.Ct. 1619). Petitioners and amici argue that the possibility of using IP address information to “pinpoint” a person’s physical location extends to “locations in, and movements between, particular private spaces over a period of time.” Doc. 45 at 20. As the government points out, however, investigators have long been able to use other forms of information to place a caller in a particular place, such as a private home, at a particular time. The Fourth Circuit has explicitly approved the collection of non-IP subscriber information for this very purpose. See Bynum, 604 F.3d at 164 n. 2. The granularity of the “pinpoint” accuracy of IP address location finding, as described in Petitioners’ brief, is hardly a function of examining IP addresses by themselves. Rather, as in the case of the commercial enterprises described by the Bellovin Brief, the granularity of the “pinpoint” information results from aggregation and correlation of IP address information with other records. Bellovin Br. at 7-8. “Pinpointing” a person’s location is even more difficult if the government must distinguish between users of “static” or “dynamic” IP addresses because “dynamic” IP addresses are not consistently used by the same computer. The Court finds nothing in Karo or other cases indicating that combining records of IP address information with other information would infringe a locational privacy interest protected by the Fourth Amendment. Third-Party Doctrine Even if Petitioners had a reasonable expectation of privacy in IP address information collected by Twitter, Petitioners voluntarily relinquished any reasonable expectation of privacy under the third-party doctrine. To access Twitter, Petitioners had to disclose their IP addresses to third parties. This voluntary disclosure—built directly into the architecture of the Internet—has significant Fourth Amendment consequences under the third-party doctrine, as articulated in United States v. Miller and Smith v. Maryland. In United States v. Miller, the Supreme Court addressed the use of bank records produced in response to allegedly defective subpoenas. 425 U.S. at 436, 96 S.Ct. 1619. The government had obtained bank documents pursuant to defective subpoenas duces tecum issued while investigating an illegal distilling operation and used those documents for further investigation and at trial. Id. at 438, 96 S.Ct. 1619. At trial, the defendant unsuccessfully moved to suppress the records as illegally seized under the Fourth Amendment. Id. at 438-39, 96 S.Ct. 1619. The Supreme Court affirmed the conviction, holding that the defendant had no protectable privacy interest in the records because the records were not confidential communications, but rather negotiable instruments used in commercial transactions. Id. at 442, 96 S.Ct. 1619. The documents obtained by the subpoena contained “only information voluntarily conveyed to the banks and exposed to their employees in the ordinary course of business.” Id. The Supreme Court said that the defendant “depositor takes the risk, in revealing his affairs to another, that the information will be conveyed by that person to the Government, ... even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence placed in the third party will not be betrayed.” Id. at 443, 96 S.Ct. 1619. Three years later, in Smith v. Maryland, the Supreme Court approved warrantless use of a pen register, a device which recorded the date, time, and number-but not the content-of each telephone call placed from the defendant’s house. 442 U.S. at 736 n. 1, 99 S.Ct. 2577. The Court rejected the argument that any expectation of privacy the defendant had in the dialing of a phone number was reasonable because “a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.” Id. at 743-44, 99 S.Ct. 2577. The Court specifically rejected the contention that monitoring the defendant’s use of his home telephone was unacceptable because of the location used to make the phone calls: But the site of the call is immaterial for purposes of analysis in this case. Although petitioner’s conduct may have been calculated to keep the contents of his conversation private, his conduct was not and could not have been calculated to preserve the privacy of the number he dialed. Regardless of his location, petitioner had to convey that number to the telephone company in precisely the same way if he wished to complete his call. The fact that he dialed the number on his home phone rather than on some other phone could make no conceivable difference, nor could any subscriber rationally think that it would. Smith, 442 U.S. at 743, 99 S.Ct. 2577. In other words, the defendant in Smith voluntarily disclosed information to the telephone company as a necessary condition of completing his telephone call, and therefore voluntarily relinquished any rational expectation of privacy in that information. The fact that his telephone was located in his house made no difference. The Supreme Court therefore found a voluntary disclosure of information in the defendant’s action of dialing the telephone: When he used his phone, petitioner voluntarily conveyed numerical information to the telephone company and “exposed” that information to its equipment in the ordinary course of business. In so doing, petitioner assumed the risk that the company would reveal to police the numbers he dialed. The switching equipment that processed those numbers is merely the modern counterpart of the operator who, in an earlier day, personally completed calls for the subscriber. Petitioner concedes that if he had placed his calls through an operator, he could claim no legitimate expectation of privacy. We are not inclined to hold that a different constitutional result is required because the telephone company has decided to automate. Id. at 744-45, 99 S.Ct. 2577. The Court’s holding did not depend on the company’s record-keeping policies. Id. at 745, 99 S.Ct. 2577. It was enough, the Court said, that “petitioner voluntarily conveyed to it information that it [the phone company] had facilities for recording and that it was free to record.” Id. Like the defendant in Smith, Petitioners relied on Internet technology to access Twitter, indicating an intention to relinquish control of whatever information would be necessary to complete their communication. They knew that their communications with Twitter would be transmitted out of private spaces and onto the Internet for routing to Twitter. Petitioners nonetheless insist that the Internet is so unlike other communication technologies that there can be no analogy between phone numbers and IP addressing information. The Court disagrees. Both phone numbers and IP addresses must be revealed to intermediaries as a practical necessity of completing communications over their respective networks. See Christie, 624 F.3d at 574 (“Similarly, no reasonable expectation of privacy exists in an IP address, because that information is also conveyed to and, indeed, from third parties, including ISPs.”) (citing United States v. Forrester, 512 F.3d 500, 510 (9th Cir.2008) (“IP addresses are not merely passively conveyed through third party equipment, but rather are voluntarily turned over in order to direct the third party’s servers.”)). Both are automatically revealed to the other party and any intermediaries carrying the communication. Both can be associated with particular persons by correlation with other sources of data. Accordingly, the Court finds the analogy between phone numbers and IP addresses persuasive. Petitioners respond that Smith and Miller are distinguishable because Petitioners did not voluntarily turn over their IP addressing information to Twitter. Doc. 45 at 21-24. They argue that because IP address information is communicated to Twitter by a web browser or other software, and is “largely hidden” from the typical user, conveyance of that information is unlike telephone numbers or bank records. They also cite the recent Third Circuit decision in Third Circuit Opinion, supra note 15, 620 F.3d at 312, 317-18, which stated that a cellular phone customer does not “voluntarily” share his cellular site location information (CSLI) with a cellular phone provider in any meanin