Re: [ietf-privacy] Fwd: [Internet Policy] How a Radio Shack Robbery Could Spur a New Era in Digital Privacy

On Mon, Nov 27, 2017 at 12:41 PM, John Levine <johnl@taugh.com> wrote:

> In article <396E100A-55BA-4155-A29E-92D452A45AD4@gmail.com> you write:
> >Interesting article, cross-posted from ISOC Public Policy list
>
> Carpenter is an interesting case, but it has nothing to do with the
> Internet.
>
> It's quite fact specific to mobile phones, which by their nature
> transmit a running history of their location to the towers which
> mobile phone companies log.  This was true even in AMPS days, at least
> the tower data part if not the logging.
>
> The question presented is whether the cops need a warrant from a judge
> to get access to those logs or just a subpoena from law enforcement or
> from a lawyer.  The argument on one side is that it's a great deal of
> rather personal information, e.g., it told them whether Carpenter went
> to church each Sunday and when he spent the night at someone's house
> other than his own.  The argument on the other is that it's the same
> info they'd get if they had a cop tail the guy.  (You don't have to
> tell me that those arguments are not equally persuasive, but that's
> what they are.)
>
> Lots of details here:
>
> http://www.scotusblog.com/case-files/cases/carpenter-v-united-states-2
>
>
http://www.scotusblog.com/2017/08/symposium-millions-tiny-constables-time-set-record-straight-fourth-amendment-location-data-privacy/

is the link from within that set that I think identifies the right
precedent quickest.  Given the judgement that adding a GPS device was a
"tiny constable", I don't see how getting the data from an existing GPS
device won't be judged by the same standard.

Of course, the make up of the court has changed.  We'll see if that shifts
things, I guess.

Ted

> Here's the usually reasonable Orin Kerr making the just like a tail
> argument:
>
> http://www.scotusblog.com/2017/08/symposium-carpenter-eyewitness-rule/
>
> R's,
> John
>
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