Supreme court cellphone case puts free speech - not just privacy - at risk | Opinion | ... - 0 views
-
scholars are watching Carpenter’s case closely because it may require the supreme court to address the scope and continuing relevance of the “third-party-records doctrine”, a judicially developed rule that has sometimes been understood to mean that a person surrenders her constitutional privacy interest in information that she turns over to a third party. The government contends that Carpenter lacks a constitutionally protected privacy interest in his location data because his cellphone was continually sharing that data with his cellphone provider.
-
Privacy advocates are rightly alarmed by this argument. Much of the digital technology all of us rely on today requires us to share information passively with third parties. Visiting a website, sending an email, buying a book online – all of these things require sharing sensitive data with internet service providers, merchants, banks and others. If this kind of commonplace and unavoidable information-sharing is sufficient to extinguish constitutional privacy rights, the digital-age fourth amendment will soon be a dead letter.
-
“Awareness that the government may be watching chills associational and expressive freedoms,” Chief Justice John Roberts wrote. Left unchecked, he warned, new forms of surveillance could “alter the relationship between citizen and government in a way that is inimical to democratic society”.