Privacy rights decided by the Supreme Court tomorrow

Carpenter v United States, arises out of the government’s prosecution of Timothy Carpenter for a series of armed robberies carried out in south-eastern Michigan and north-western Ohio several years ago. In the course of its investigation of the crimes, the government ordered Carpenter’s cellphone provider to turn over data it had collected relating to Carpenter’s movements.

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Importantly, it turned over these records even though the government had not obtained a warrant based on probable cause.


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Privacy scholars are watching Carpenter’s case closely because it may require the supreme court to address the scope and continuing relevance of the “third-party-records doctrine”, a judicially developed rule that has sometimes been understood to mean that a person surrenders her constitutional privacy interest in information that she turns over to a third party. The government contends that Carpenter lacks a constitutionally protected privacy interest in his location data because his cellphone was continually sharing that data with his cellphone provider.

Privacy advocates are rightly alarmed by this argument. Much of the digital technology all of us rely on today requires us to share information passively with third parties. Visiting a website, sending an email, buying a book online – all of these things require sharing sensitive data with internet service providers, merchants, banks and others. If this kind of commonplace and unavoidable information-sharing is sufficient to extinguish constitutional privacy rights, the digital-age fourth amendment will soon be a dead letter.

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Journalists and their sources might be at particular risk. Imagine parallel demands for the cell site location information of a journalist who exposed government misconduct and of all the government employees who had access to the information the journalist exposed. As the Reporters Committee for Freedom of the Press observes in its own brief filed in the Carpenter case, cell site location information “can reveal the stories a journalist is working on before they are published, where a journalist went to gather information for those stories, and the identity of a journalist’s sources”.

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A defeat for Carpenter would be a defeat for privacy rights, but it would also mean a dramatic curtailment of first amendment freedoms.
  Guardian

...but hey, do what you want...you will anyway.