The AMERICAN BAR ASSOCIATION cites
"Your Spying Smart Phone": Individual Privacy Is Narrowly Strengthened in Carpenter v. United States, The U.S. Supreme Court’s Most Recent Fourth Amendment Ruling" by Vania Mia Chaker, Esq.
"Your Spying Smart Phone": Individual Privacy Is Narrowly Strengthened in Carpenter v. United States, The U.S. Supreme Court’s Most Recent Fourth Amendment Ruling" by Vania Mia Chaker, Esq.
"THE THIRD-PARTY DOCTRINE IN THE WAKE OF A “SEISMIC SHIFT”:
The Need for Data Privacy Legislation To Keep Pace With Technology"
By Steven J. Arango
PRACTICE POINTS June 13, 2019
"Since 9/11, the government has received “greater investigative latitude,” but to extend this ability to warrantless searches of cloud services is unwise. Vania Mia Chaker, “Your Spying Smartphone: Individual Privacy Is Narrowly Strengthened in Carpenter v. United States, the U.S. Supreme Court’s Most Recent Fourth Amendment Ruling,” Chaker, Vania M., 22 J. Tech. L. & Pol’y 1, 12–13 (2018).
Although it is my belief that Carpenter protects cloud data from warrantless searches, this area is still “ripe for future Supreme Court review.” Kerr, supra, at 26. With Justice Brett Kavanaugh joining the bench, and a slim 5–4 majority in the Carpenter opinion, this issue is hardly settled in the courtroom. Dan Sewell, “ Kavanaugh’s Support for Surveilling Americans Raises Concern ,” AP News, Aug. 28, 2018 (“Supreme Court nominee Brett Kavanaugh has frequently supported giving the U.S. government wide latitude in the name of national security, including the secret collection of personal data from Americans.”)."
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