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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.”
Continue Reading US Supreme Court Evaluates Privacy of Cell Phone Data

We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In a lengthy opinion, Judge Lucy Koh of the Northern District of California joined those who held that the Fourth Amendment applies to CSLI. Prior to…