Constitution Daily

Smart conversation from the National Constitution Center

Podcast: The future of digital privacy

November 22, 2017 by NCC Staff

 

In late November, the Supreme Court will tackle a very modern question: Does it allow police to see where you’ve been for the past four months by looking at your cellphone data without a warrant?

In Carpenter v. United States, which will be argued on November 29, cell number data placed a robbery suspect, Timothy Ivory Carpenter, near the scenes of several crimes, and at about the same time as those crimes happened.  The phone information was used as evidence leading to Carpenter’s conviction on robbery charges.

Carpenter’s lawyers believe modern cellphone records are fundamentally different than traditional phone records cited in a 1979 Supreme Court decision at permits such searches without warrants. The U.S. Court of Appeals for the Sixth Circuit ruled against Carpenter.

Alex Abdo of the Knight First Amendment Institute and Orin Kerr of George Washington Law debate whether warrantless searches and seizures of cellphone records violate the Fourth Amendment.


Stay Connected and Learn More

Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.

Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Please subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app.

We the People is a member of Slate’s Panoply network. Check out the full roster of podcasts at Panoply.fm.

The Constitution Center is offering CLE credits for select America’s Town Hall programs! In-person and on-demand credit is now available in Pennsylvania, with more states to come soon.

And finally, despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. 

 

Sign up for our email newsletter