On Monday, the Supreme Court granted certiorari in Carpenter v. United States, a Sixth Circuit case that provides the Court with the opportunity to clarify whether individuals have a reasonable expectation of privacy in location data shared with electronic communications service providers. Specifically, the Court will consider whether the Fourth Amendment requires law enforcement to obtain a warrant for the search and seizure of wireless carriers’ cell phone data that reveals the cell phone user’s location over the course of several months; or whether such location information falls within the long-recognized “third-party doctrine” exception to Fourth Amendment protections. A definitive Supreme Court holding on these issues could clarify presently muddled case law surrounding cell-site tracking data and perhaps inform judicial interpretations of privacy torts and other issues related to the collection, use, and sharing of location data.
James Denvil, an associate in our Washington office, contributed to this entry. This week, Washington lawmakers and California’s Attorney General focused their attention on mobile privacy. The Senate Judiciary Committee is considering a measure that would establish legal requirements for apps that collect or share location information from mobile devices. A Democratic congressman released for […]
A recent article co-authored by Hogan Lovells Privacy practice leader Chris Wolf on the mechanics and benefits of online tracking is republished in its entirety in this post.