Culture

In digital privacy case, Sotomayor says Americans "want to avoid Big Brother"

In digital privacy case, Sotomayor says Americans

Dreeben replied that expectations of privacy "grow out of the bedrock understanding" that when a letter is mailed, the address on the envelope "is available to the government", but not the contents inside.

Nine armed robberies at T-Mobile and Radio Shack stores in OH and MI in 2011 eventually led to the Supreme Court case. United States. At issue is whether the Federal Bureau of Investigation violated the Fourth Amendment when it obtained, without a search warrant, the cellphone records of suspected armed robber Timothy Carpenter. Today the Supreme Court seemed more sympathetic, although they were clearly uncertain about exactly what to do.

"It's a very open question", said Justice Stephen G. Breyer. "We know not where we go". "Other federal courts and judges in several states have recognized that the so-called third party doctrine doesn't apply to CSLI (cell site location information)". Since the information appeared on a monthly phone bill, the court reasoned at the time, the government was simply requesting information people consented to hand over. That data is collected and stored by the cellphone company. They are, he said, "a joint venture" with the individual carrying the phone.

Before appearing before the Supreme Court, a Sixth Circuit Court of Appeals ruled against Carpenter, saying his cellphone data fell "on the unprotected side" of the Fourth Amendment. "The obvious similarity is that, in both cases, you have reliance on a new technology that allows for 24/7 tracking" Kagan told Dreeben.

But the issue of phone data is more complex, with the government arguing that data belong to the companies, not the consumers, who don't have a reasonable expectation of privacy.

But the outcome of the Supreme Court case could have other, far-reaching implications.

Our mobile phones are troves of personal, private information, and the US Supreme Court weighed yesterdayhow easily police should be able to get it.

Justice Anthony Kennedy seemed to see the question differently, however.

"Nobody has expected in a free society that our longer-term locations will be aggregated and tracked in the way that they can be here", said Nate Wessler, an American Civil Liberties Union lawyer who represents Carpenter.

Wessler said in an interview that he's confident the justices appreciate what's at stake in the case.

The case arose out of a series of armed robberies in 2010 and 2011 - robberies, ironically, aimed at stealing hundreds of new cellphones and selling them for tens of thousands of dollars. "I am not beyond the belief that someday a provider could turn on my cellphone and listen to my conversations".

The ACLU stepped in, appealing the case to the Supreme Court. He agreed with Dreeben that, as a general rule, information shared with a third party would not be shielded from disclosure, but he proposed an exception to that rule to account for the significant changes in technology. Will the justices rework the third-party doctrine, cabin the power of the police, and recognize broad Fourth Amendment protections for the digital age? He asked Wessler how he would distinguish the court's earlier cases on the third-party doctrine. How sensitive is it really? These days, Alito pointed out, because people rarely pay in cash, bank records can disclose everything - from magazine subscriptions to hotel stays - that someone purchases. Other items people carry with them may be looked at without a warrant, after an arrest.

The closely watched battle, which could lead to new standards regarding digital privacy, drew the attention of a host of outside groups including Google, Facebook and Microsoft, which argued in a friend-of-the-court brief that digital data is entitled to "strong" protections against searches by the police.

"That makes no sense and is not supported by the law", said Mr. Heiman. "I know that most young people have the phones in the bed with them", Sotomayor said, to laughter from the audience in the packed courtroom. Why wouldn't it be reasonable to get that data for each day?

The records obtained by the police in Carpenter's case placed him at the scene of the crimes.

"The advance of technology means that information you used to store in your desk drawer is now stored somewhere with third parties", said Greg Nojeim of the Center for Democracy & Technology. But despite Dreeben's pessimism, the justices seem likely to try.

The Supreme Court in recent years has acknowledged technology's effects on Americans' privacy.

This post was originally published at Howe on the Court.



Like this

loading...
loading...

Latest


01 December 2017
Corea del Norte lanza misil en dirección al Mar de Japón
En el material gráfico se aprecia cómo el proyectil despega dejando columnas de humo y se eleva hacia el cielo. Otra vez la tensión entre Estados Unidos y Corea del Norte está escalando en forma veloz.

01 December 2017
Sanofi Taking $118.5M Charge, Seeks Restrictive Label for Dengue Vaccine
Last year, revenues from Dengvaxia totaled €55 million (about $66 million) across the 14 countries where it received approval. The company said political and economic turmoil had an effect on the launch.

01 December 2017
Colin Kaepernick receives Sports Illustrated's Muhammad Ali Legacy Award
Sports Illustrated's Legacy Award began in 2008, and Special Olympics founder Eunice Kennedy Shriver was the first recipient. Kaepernick has received a heavy dose of criticism from people who believe he's disrespecting the flag, military and police.

01 December 2017
Dog shoots hunter after man leaves shotgun on ground
One of the dogs belonged to Rancourt and the other belonged to one of his hunting companions, Lonneman said. It went off when one of the dogs stepped on the trigger guard, and shotgun load sprayed another hunter.

01 December 2017
Aspiring model from Queens found brutally murdered in Caribbean
Gibbon had traveled to the country on October 20 and had a three-month visa to stay in the country, according to the family. One of the hotels they visited turned out to be her father's. "She always left with somebody", Andrea Gibbon said.

01 December 2017
If Giants Don't Land Giancarlo Stanton, Andrew McCutchen An Option
McCutchen, 31, has spent his entire professional career with the Pirates, who drafted him 11th overall out of Ft. Of course the ideal situation is landing standing, but odds are not in the Giants favor.

01 December 2017
Thermo Fisher Scientific Inc (TMO) Shares Sold by Foster & Motley Inc
Over the long run, the price of a stock will normally go up in lock step with its earnings (assuming the P/E ratio is constant). The Shareholder Yield of Thermo Fisher Scientific Inc . (NYSE: TMO ) for 145,500 shares. 1,700 are owned by Hillsdale Mgmt Inc.

01 December 2017
Mike Leach working on deal to become next Tennessee head coach
If Leach is indeed hired, he will be responsible for turning around a program in Knoxville that just finished up a 4-8 season. Currie has been turned down by Mike Gundy, Jeff Brohm and Dave Doeren while looking for the Vols' next head football coach.

01 December 2017
Dale Earnhardt Jr. will be Daytona 500 grand marshal
The unexpected never occurred and the foregone conclusion is now a reality. "I've got to thank the fans", Earnhardt said. Dale Earnhardt Jr. will not compete in the 2018 Daytona 500 but he will have a major role on race day nevertheless.

01 December 2017
Canada's TD Bank results outshone by smaller rival CIBC
Arrowstreet Capital Limited Partnership lifted its position in shares of Toronto Dominion Bank by 44.8% during the 2nd quarter. AR now owns 16,684 shares of the bank's stock worth $741,000 after buying an additional 145 shares during the period.