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Justices to weigh cell phone privacy in landmark case
The Hill ^ | 11-23-17 | Wheeler

Posted on 11/26/2017 6:36:09 PM PST by aMorePerfectUnion

“The privacy of emails, photos stored in the cloud, even heart rate history from a smartwatch could be at stake, according to civil libertarians, as the Supreme Court takes up a potential blockbuster case after Thanksgiving.

When they return to the bench after the holiday, the justices will weigh whether the history of cell phone locations stored by a phone service provider is searchable without a warrant.

The case, Carpenter v. U.S., centers on Timothy Carpenter, who argues the government violated his Fourth Amendment protection against unreasonable search and seizure when it obtained his cell phone location records from MetroPCS and Sprint without a warrant. Authorities then used that data as trial evidence to convict him of a string of robberies at Radio Shack and T-Mobile stores in Michigan and Ohio from December 2010 to March 2011.


TOPICS: Miscellaneous; Society
KEYWORDS: cellphoneprivacy; constitution; privacy; scotus; thecloud
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Whole article worth reading to understand the arguments on each side.
1 posted on 11/26/2017 6:36:09 PM PST by aMorePerfectUnion
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To: aMorePerfectUnion

cell phone bkmk


2 posted on 11/26/2017 6:43:55 PM PST by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: aMorePerfectUnion

>>whether the history of cell phone locations stored by a phone service provider is searchable without a warrant.

Why warrantless searches?

Quit data mining.


3 posted on 11/26/2017 6:47:12 PM PST by a fool in paradise (Did Barack Obama denounce Communism and dictatorships when he visited Cuba as a puppet of the State?)
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To: aMorePerfectUnion

In a sane world, we could use a Privacy Amendment to the US Constitution.


4 posted on 11/26/2017 6:48:32 PM PST by Paladin2 (No spelchk nor wrong word auto substition on mobile dev. Please be intelligent and deal with it....)
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To: aMorePerfectUnion

The guy signed over this right to privacy, yes. But to the phone company, not police. Get a damned warrant.


5 posted on 11/26/2017 6:49:20 PM PST by sparklite2 (I hereby designate the ongoing kerfuffle Diddle-Gate.)
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To: aMorePerfectUnion

I need a real time digital shredder.


6 posted on 11/26/2017 6:49:22 PM PST by blackdog
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To: blackdog

Or a cute little EMP pulse.


7 posted on 11/26/2017 7:05:19 PM PST by Scrambler Bob (Brought to you from Turtle Island, Ipotherwise known as 'So-Called North America')
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To: blackdog

8 posted on 11/26/2017 7:17:24 PM PST by deadrock
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To: Scrambler Bob

I have a lightning strike table. Unfortunately it is for destructive transient discharge testing only. I also have a high pot and megger. 20,000 volts finds it’s path to discharge very quickly. The toys of the military industrial design and testing engineer. That’s how a $500 hard drive ends up costing $5,000.


9 posted on 11/26/2017 7:22:28 PM PST by blackdog
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To: aMorePerfectUnion

This ruling would have an effect on local LEO’s, but I think the NSA and military are going to keep a copy of everything that happens no matter what.


10 posted on 11/26/2017 7:29:14 PM PST by BusterDog
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To: BusterDog

I think you are correct. The Rights the Founders fought for and codified, are all compromised.

That said, I hope Trump packs the Supreme Court, Federal Courts, Appeals Courts, and every other Court - with young conservative justices that buy us more time.


11 posted on 11/26/2017 7:33:09 PM PST by aMorePerfectUnion
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To: aMorePerfectUnion

I understand and sympathize that police work can be difficult. But our Fourth Amendment is more important than many of us realize, so police should consider using some of the older methods of investigation again. They weren’t all that difficult.


12 posted on 11/26/2017 7:36:36 PM PST by familyop ("Welcome to Costco. I love you." --Costco greeter in the movie, "Idiocracy")
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To: Paladin2

>In a sane world, we could use a Privacy Amendment to the US Constitution.

The supreme court told us we have one when they ruled for abortion. Funny how it never applies to anything else.


13 posted on 11/26/2017 7:50:36 PM PST by JohnyBoy (The GOP Senate is intentionally trying to lose the majority.)
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To: aMorePerfectUnion

The data on your phone may belong to you.

The data in the cloud does not belong to you.

If the company that owns your cloud data wants to give data to the police, they can.


14 posted on 11/26/2017 8:07:31 PM PST by Blue House Sue
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To: familyop

“But our Fourth Amendment is more important than many of us realize, so police should consider using some of the older methods of investigation again. They weren’t all that difficult.”

Who does your cloud data belong to?

How does the Fourth Amendment protect you from a cloud storage company providing certain data to the police?


15 posted on 11/26/2017 8:10:27 PM PST by Blue House Sue
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To: Blue House Sue

“If the company that owns your cloud data wants to give data to the police, they can.”

They should be prohibited without a warrant.,

All the more reason to store it in a better jurisdiction like Switzerland, and use encryption.


16 posted on 11/26/2017 8:25:29 PM PST by aMorePerfectUnion
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To: Blue House Sue
The data on your phone may belong to you. The data in the cloud does not belong to you.

The money on your person (i.e., in your wallet) belongs to you. The money in the bank does not belong to you.

(same logic)

Regards,

17 posted on 11/26/2017 8:53:21 PM PST by alexander_busek (Extraordinary claims require extraordinary evidence.)
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To: alexander_busek

Yes.


18 posted on 11/26/2017 9:01:04 PM PST by Blue House Sue
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To: Blue House Sue

When you rent a storage unit, the contents you put in it still belong to you.


19 posted on 11/26/2017 9:24:27 PM PST by BykrBayb (Lung cancer free since 11/9/07. Colon cancer free since 7/7/15. Obama free since 1/20/17. PTL ~ Þ)
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To: BykrBayb

“When you rent a storage unit, the contents you put in it still belong to you.”

Can the owner of the actual storage unit consult to a search of the contents of a unit that is rented?


20 posted on 11/26/2017 9:26:23 PM PST by Blue House Sue
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