News & Analysis as of

Carpenter v US

Sheppard Mullin Richter & Hampton LLP

NFT Insider Trading Charge Doesn’t Require the NFT To Be a Security

We previously blogged about the NFT insider trading case against Nathaniel Chastain. He was charged with wire fraud and money laundering in connection with a scheme to commit “insider trading” in Non-Fungible Tokens (“NFTs”)...more

Sheppard Mullin Richter & Hampton LLP

NFT Insider Trading – Can There Be A Crime If It’s Not A Security?

We have previously addressed the recent indictment against Nathaniel Chastain, a former executive of a major NFT marketplace, for insider trading involving NFTs. The indictment charges Chastain with one count of wire fraud...more

Foley Hoag LLP

U.S. Supreme Court Vacates Second Circuit’s Expansion of Criminal Insider Trading Liability

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On January 11, 2021, the U.S. Supreme Court vacated the 2019 decision of the U.S. Court of Appeals for the Second Circuit in United States v. Blaszczak, which substantially broadened the scope of criminal insider trading...more

Proskauer - New Media & Technology

Mobile Platforms to Block Data Broker from Collecting User Location Data

On December 9, 2020, the Wall Street Journal reported that Apple and Google will block the data broker X-Mode Social Inc. (“X-Mode”) from collecting location data from iPhone and Android users. Apple and Google have...more

Jones Day

No Search Warrant Required for Records of Bitcoin Transactions, the Fifth Circuit Holds

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The Situation: While investigating a website for criminal activities, federal agents traced Bitcoin transactions and issued a subpoena to a virtual-currency exchange to identify customers of the site. Using that information,...more

Kramer Levin Naftalis & Frankel LLP

Cybersecurity Update: 2018 — A Year in Review

This Update highlights key legal and policy developments in cybersecurity and privacy law that may impact important trends for 2019 and beyond. A central takeaway from 2018 is that regulators in the U.S. and abroad are...more

Ballard Spahr LLP

Some Thoughts on the Year in Privacy and Data Security Law

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As we turn the page on 2018, let’s reflect on some of the key privacy and cybersecurity issues that will continue to occupy our hearts and minds in 2019....more

Foley & Lardner LLP

Privacy - Wherefore Art Thou? - The Third Circuit Denies 4th Amendment Right

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The Third Circuit Denies 4th Amendment Right - Let’s face it – over the last 20 years or so, we have come to embrace, celebrate, and depend completely on electronic communications. What is more, we keep reaching out to...more

Robins Kaplan LLP

Top 5 Cybersecurity and Privacy Developments of 2018 and Their Insurance Implications

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Robins Kaplan attorneys Brandy Worden, CIPP/US, CIPP/E, and Michael Reif will review the top five cybersecurity and privacy developments in 2018 to help corporate in-house and external counsel, and members of the insurance...more

Fox Rothschild LLP

Carpenter May Reveal A Recipe For Defense In High Tech Criminal And Regulatory Cases

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The U.S. Supreme Court has once again expanded the Fourth Amendment protections afforded to certain modern digital communications. And in doing so, the unusual five-justice majority led by Chief Justice Roberts has suggested...more

Alston & Bird

U.S. Supreme Court Builds On Individuals’ Privacy Rights

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In a landmark Fourth Amendment case, the U.S. Supreme Court ruled that digital is different. A cross-practice team from our National Security & Digital Crimes and Cybersecurity Preparedness & Response teams parse the narrow...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Requires Warrant for Law Enforcement Requests for Location Information from Third Parties

The U.S. Supreme Court has handed down a major decision, Carpenter v. United States, concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the...more

Morrison & Foerster LLP - Social Media

Location Information Is Protected by the 4th Amendment, SCOTUS Rules

As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent...more

Dechert LLP

Privacy of Cell Location Data – Analysis of Carpenter Decision

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In a closely watched decision, the United States Supreme Court recently held in Carpenter v. United States that government prosecutors must seek a warrant to obtain cell phone site location information from cell phone service...more

Polsinelli

In Carpenter v. United States, the Supreme Court Extends Fourth Amendment Protections to Consumer Data Held by Wireless Carriers

Polsinelli on

The U.S. Supreme Court recently ruled in Carpenter v. United States that the government must have a warrant to access an individual’s cell phone location history from wireless carriers. The Court held, in a 5–4 opinion issued...more

Davis Wright Tremaine LLP

INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed or Wanted

On June 22, 2018, the United States Supreme Court appeared to establish a new standard for privacy rights when its decision in Carpenter v. United States, 2018 BL 222220 (2018), held that the government’s acquisition of a...more

Jackson Lewis P.C.

You’re Gonna Need A Warrant For That….

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On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on...more

Parker Poe Adams & Bernstein LLP

What the U.S. Supreme Court's Cell Tower Ruling Means for the Intersection of Privacy and Modern Technology

In a 5-4 decision on June 22, the Supreme Court in Carpenter v. United States ruled that the police need a search warrant to access cell tower records that can map a criminal suspect’s location and movements. Chief Justice...more

Association of Certified E-Discovery...

Judge Facciola Says Carpenter Decision May Signal the End of the Third Party Doctrine

The Carpenter decision has been the focus of many discussions since it came down last week. In a closely watched case, a 5-4 SCOTUS ruled that police access to a person’s historical cell phone tower site records (7 days or...more

Mintz - Privacy & Cybersecurity Viewpoints

Narrow Ruling for Privacy at SCOTUS in Carpenter

The Supreme Court ruled, at the end of June, that seizing cell-site location information—data that tracks cell phone users’ movements—constitutes a search under the Fourth Amendment. Speaking for a 5-4 majority in Carpenter...more

A&O Shearman

Supreme Court Requires Law Enforcement To Obtain Search Warrants Before Accessing Certain Cell Phone Location Data

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On June 22, 2018, in a 5-4 ruling, the United States Supreme Court held that the government’s acquisition of certain cell-site location information (“CSLI”) kept by third parties constitutes a search under the Fourth...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2018 #4

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Just weeks after Mexico’s central bank was targeted by hackers who stole $15 million, Chile’s biggest bank, Banco de Chile, announced on May 28, 2018, that it had been struck by a “virus” that affected its workstations,...more

Robinson+Cole Data Privacy + Security Insider

U.S. Supreme Court Issues Seminal Privacy Decision Concerning Cell Location Data

Cell phones are a ubiquitous part of our modern life. It’s easy to forget that they are constantly tapping into the wireless networks around us several times a minute, even when we’re not using them. ...more

Kramer Levin Naftalis & Frankel LLP

U.S. Supreme Court Upholds Criminal Defendant’s Fourth Amendment Interest in Cell Site Data Held by Third Party

In its June 22, 2018, decision in Carpenter v. United States, a 5-4 majority of the Supreme Court held that a criminal defendant’s Fourth Amendment rights were violated when the government obtained a court order requiring his...more

Cooley LLP

Alert: Carpenter v. United States: What It Means for Companies that Collect Location Data

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On June 22, the Supreme Court issued its decision in Carpenter v. United States and held that law enforcement officials must obtain a warrant before they can ask wireless providers for automatically generated information...more

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