Podcast: Digital Taxation—Implications for EU Technology Companies
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
When it comes to discovery of mobile devices, it’s not just the data that’s important for discovery, but also the data about the data – the metadata – that can be used to authenticate evidence, to determine whether the data...more
On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more
County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of...more
Mobile devices and cell phones are frequent sources of evidence in modern legal cases and investigations, and a common question involves where a phone was at a particular time. Although CSI makes this seem like a question...more
Location data is data that marks the longitude/latitude location of a smartphone or other device at a particular time, or over a period of time. It works like this: each day our device, which has a unique identifier or ID,...more
Since the first-generation iPhone model released in 2007, thirteen years have passed with more than twenty different style iPhones being released. With each model comes better hardware specs alongside newer features contained...more
Governments are increasingly seeking to leverage consumer geolocation and other mobile device data to assist with fighting the spread of COVID-19, as cases continue to mount globally. Location data can be of significant...more
Millions of people across the globe use some type of wearable device that constantly captures data including health information, fitness levels, location, and much more. These devices, such as Fitbit and the Apple Watch, are...more
On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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