“Carpenter v. United States is the first case about phone location data that the Supreme Court has ruled on. That makes it a landmark decision regarding how law enforcement agencies can use technology as they build cases,” Ng writes. “A Sixth Circuit Court of Appeals judge ruled that cellphone location data is not protected by the Fourth Amendment, which forbids unreasonable search and seizure, and therefore didn’t require a warrant. In the Supreme Court’s ruling, Chief Justice John Roberts wrote that the government’s searches of Carpenter’s phone records were considered a Fourth Amendment search. ‘The Government’s position fails to contend with the seismic shifts in digital technology that made possible the tracking of not only Carpenter’s location but also everyone else’s, not for a short period but for years and years,’ he wrote. Roberts pointed out that allowing government access to historical GPS data infringes on Carpenter’s Fourth Amendment protections and expectation of privacy, by providing law enforcement with an ‘all-encompassing record’ of his whereabouts. He added that historical GPS data presents an ‘even greater privacy risk'” than real-time GPS monitoring.”
“‘This is a groundbreaking victory for Americans’ privacy rights in the digital age,’ ACLU attorney Nathan Freed Wessler, who argued the case, said in a statement. ‘The Supreme Court has given privacy law an update that it has badly needed for many years, finally bringing it in line with the realities of modern life. The government can no longer claim that the mere act of using technology eliminates the Fourth Amendment’s protections,'” Ng writes. “Before the trial took place, major tech companies, including Apple, Facebook and Google, filed a friend-of-the-court brief with the Supreme Court, urging the justices to make it harder for law enforcement officials to obtain individuals’ data without a warrant.”
Read more in the full article here.
MacDailyNews Take: While we laud the victory, we’re concerned that four U.S. Supreme Court Justices could be so myopic as to wipe their asses with the Fourth Amendment.
The majority consisted of Chief Justice John Roberts along with Justices Ginsburg, Breyer, Sotomayor and Kagan. The dissenters were Kennedy, Thomas, Alito, and Gorsuch.