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Your Telephone!



Hats off to SCOTUS for getting one right!
In a sweeping victory for privacy rights in the digital age, the Supreme Court on Wednesday unanimously ruled that the police need warrants to search the cellphones of people they arrest. 
While the decision will offer protection to the 12 million people arrested every year, many for minor crimes, its impact will most likely be much broader. The ruling almost certainly also applies to searches of tablet and laptop computers, and its reasoning may apply to searches of homes and businesses and of information held by third parties like phone companies.
One thing the justices were clear on in their ruling is that it does not cover information stored in the cloud. That will be a separate case. With more and more of our personal information stored in computer databases outside our homes, our Fourth Amendment protections must extend to this information as well, otherwise the evolution of technology will have rendered our constitutional protections irrelevant.

Comments

  1. Awesome, GW! :)

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  2. Thanks!

    If this wasn't an anonymous blog I'd have include my acoustic rendition of this song :-/

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  3. I would have went with ELO's Telephone Line -- guess I do need to evolve some.

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  4. "our Fourth Amendment protections must extend to this information as well, otherwise the evolution of technology will have rendered our constitutional protections irrelevant."

    Spot on for once GW.

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  5. @SFL
    To quote Billy Joel, "I love you just the way you are!"

    @10:37
    I am always on spot, ask my husband.

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  6. Good post and great video but I'm not sure I follow the Cloud comment.

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  7. What about Blondie Hanging on the Telephone?

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  8. @3:06 Great suggestion!

    @1:36 This ruling is about our mobile devices. The justices put off deciding on a similar/related issue with cloud content, i.e. information stored on 3rd party servers like Google, Amazon, Apple's iCloud etc. I feel very strongly that such information deserves the same privacy protections as physical records.

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  9. OK. But in this particular case the court held that the search-incident-to-an-arrest exception to the Fourth Amendment's warrant requirement did not extend to a person's cell phone. And if police can't search an arrested person's cell phone without a warrant, a fortiori police can't without a warrant search content located on the cloud through that person's cell phone.

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  10. The ruling almost certainly also applies to searches of tablet and laptop computers, and its reasoning may apply to searches of homes and businesses and of information held by third parties like phone companies. mypbx

    ReplyDelete

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