In the context of wiretap laws, which burden of proof generally applies to non-content records aside from cellular data?

In the context of wiretap laws, the appropriate burden of proof that generally applies to non-content records, aside from cellular data, is reasonable suspicion. This standard is less stringent than probable cause and allows law enforcement agencies to obtain access to certain records without the need for an extensive justification that would be required for more sensitive content data, which typically necessitates probable cause.

Reasonable suspicion serves as a threshold that enables investigators to act on their beliefs that a crime may be occurring or might occur based on articulable facts. This allows for a more flexible approach when dealing with non-content records, which could include things like historical transactional data or subscriber information, as opposed to the content of communications. The use of reasonable suspicion reflects a balance between individual privacy rights and the need for law enforcement to effectively investigate potential criminal activity.