On March 23, 2018, the President signed into law the Consolidated Appropriations Act of 2018 (H.R. 1625), an omnibus spending bill that includes the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act). Among other provisions, the CLOUD Act amends the Stored Communications Act of 1986 (18 U.S.C. §§ 2701-2712, hereinafter the
Justice Sotomayor
US Supreme Court Evaluates Privacy of Cell Phone Data
Last Thursday, the United States Supreme Court heard arguments in Carpenter v. United States. At issue was whether the FBI violated the Fourth Amendment when it obtained the cellphone location records of Timothy Carpenter. The FBI used these records to establish Mr. Carpenter’s whereabouts during time periods in which certain armed robberies occurred. The government argued that Mr. Carpenter did not have an expectation of privacy in these records and, thus, no warrant was required. Mr. Carpenter argued that “carrying a smartphone, checking for new emails from one’s boss, updating the weather forecast, and downloading directions ought not license total surveillance of a person’s entire life.”
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