Digital Data Privacy One Year After Carpenter

Law360 (June 20, 2019, 11:06 AM EDT) -- A year ago, the U.S. Supreme Court issued its decision in Carpenter v. United States, holding that police acquisition of a defendant’s historical cell-site location information, or CSLI, from his cellphone provider constituted a search for purposes of the Fourth Amendment.[1] In doing so, the court upended some established Fourth Amendment doctrines and raised more questions than it answered about the constitutional limits on government acquisitions of digital data.[2]

Over the past year, lower federal courts and state courts have begun to grapple with Carpenter’s implications — not only for CSLI collection but also for other forms of location monitoring and...

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