On 11/27/2017 03:41 PM, John Levine wrote: > In article <396e100a-55ba-4155-a29e-92d452a45...@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.
The case itself is unrelated to the Internet, but precedent it sets regarding the continued viability of or limits on the "third party doctrine" -- the doctrine that because the individual gave data to a third party, law enforcement can request it from that third party rather without a warrant -- could carry over to Internet tracking. --Wendy > > 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 > > 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 > > _______________________________________________ > ietf-privacy mailing list > ietf-privacy@ietf.org > https://www.ietf.org/mailman/listinfo/ietf-privacy > -- Wendy Seltzer -- we...@seltzer.org +1 617.863.0613 Strategy Lead, World Wide Web Consortium (W3C) Berkman Klein Center for Internet & Society at Harvard University https://wendy.seltzer.org/ https://www.lumendatabase.org/ https://www.torproject.org/ _______________________________________________ ietf-privacy mailing list ietf-privacy@ietf.org https://www.ietf.org/mailman/listinfo/ietf-privacy
