Washington Lawyer - November 2018 - 12

GOVERNMENT & GAVEL

AFTER
CARPENTER
Privacy Concerns in the Digital Age
By Anna Stolley Persky

I

n a June decision, the U.S. Supreme Court voiced
its concern over the way in which technology
is encroaching upon our individual privacy. The
majority on the Court found that individuals can
have an expectation of privacy even in the digital
age, at least when it comes to cell phones.
In a majority opinion written by Chief Justice John G. Roberts, the Court ruled,
5 to 4, that federal law enforcement officials generally need a warrant to access
stockpiles of location data about individuals. In essence, the Court in Carpenter
v. United States found that individuals have an expectation of privacy in their cell
site location information (CSLI) history. CSLI is automatically created whenever
an individual's cell phone is turned on, and then is automatically stored by
private companies for years afterward.
12

WASHINGTON LAWYER

*

NOVEMBER 2018

*

"The Court here recognizes our new networked reality that our phones are our
private spaces even when we carry them in public," says Michael W. Carroll, an
American University Washington College of Law professor and co-director of
the law school's Program on Information, Justice and Intellectual Property.
The Court's decision in Carpenter will have an immediate impact on law enforcement investigations, says Kirk J. Nahra, a partner specializing in privacy law at
Wiley Rein LLP. The decision will make it "harder for the government to get
access to the vast array of information out there," Nahra says.
Carpenter could lead to confusion and litigation as to when and to what extent
individuals have a reasonable expectation of privacy in their digital records held
by third parties, says Edward J. McAndrew, co-practice leader of Ballard Spahr
LLP's privacy and data security group.
"What about IP addresses? Is there a privacy interest in those?" McAndrew asks.
"If law enforcement has to get a warrant every time it seeks information from
an internet service provider about the use of a particular IP address, that's going
to make things very difficult."


http://www.dcbar.org

Washington Lawyer - November 2018

Table of Contents for the Digital Edition of Washington Lawyer - November 2018

Washington Lawyer - November 2018
Contents
Digital Extras
Your Voice
From Our President
Career & Professional Development
Calendar
Government & Gavel
Smart Cities: The Future of Living
I, Lawyer? Ai & the Law
Cybersecurity: Preparing for the Inevitable
Member Spotlight
Global & Domestic Outlook
Worth Reading
Media Bytes
Attorney Briefs
Ask the Ethics Experts
Disciplinary Summaries
Community & Connections
Last Word
Washington Lawyer - November 2018 - Washington Lawyer - November 2018
Washington Lawyer - November 2018 - Cover2
Washington Lawyer - November 2018 - 1
Washington Lawyer - November 2018 - Contents
Washington Lawyer - November 2018 - 3
Washington Lawyer - November 2018 - Digital Extras
Washington Lawyer - November 2018 - Your Voice
Washington Lawyer - November 2018 - From Our President
Washington Lawyer - November 2018 - 7
Washington Lawyer - November 2018 - Career & Professional Development
Washington Lawyer - November 2018 - 9
Washington Lawyer - November 2018 - Calendar
Washington Lawyer - November 2018 - 11
Washington Lawyer - November 2018 - Government & Gavel
Washington Lawyer - November 2018 - 13
Washington Lawyer - November 2018 - 14
Washington Lawyer - November 2018 - 15
Washington Lawyer - November 2018 - Smart Cities: The Future of Living
Washington Lawyer - November 2018 - 17
Washington Lawyer - November 2018 - 18
Washington Lawyer - November 2018 - 19
Washington Lawyer - November 2018 - 20
Washington Lawyer - November 2018 - 21
Washington Lawyer - November 2018 - I, Lawyer? Ai & the Law
Washington Lawyer - November 2018 - 23
Washington Lawyer - November 2018 - 24
Washington Lawyer - November 2018 - 25
Washington Lawyer - November 2018 - 26
Washington Lawyer - November 2018 - 27
Washington Lawyer - November 2018 - Cybersecurity: Preparing for the Inevitable
Washington Lawyer - November 2018 - 29
Washington Lawyer - November 2018 - 30
Washington Lawyer - November 2018 - 31
Washington Lawyer - November 2018 - Member Spotlight
Washington Lawyer - November 2018 - 33
Washington Lawyer - November 2018 - Global & Domestic Outlook
Washington Lawyer - November 2018 - 35
Washington Lawyer - November 2018 - Worth Reading
Washington Lawyer - November 2018 - 37
Washington Lawyer - November 2018 - Media Bytes
Washington Lawyer - November 2018 - 39
Washington Lawyer - November 2018 - Attorney Briefs
Washington Lawyer - November 2018 - 41
Washington Lawyer - November 2018 - Ask the Ethics Experts
Washington Lawyer - November 2018 - 43
Washington Lawyer - November 2018 - Disciplinary Summaries
Washington Lawyer - November 2018 - 45
Washington Lawyer - November 2018 - Community & Connections
Washington Lawyer - November 2018 - 47
Washington Lawyer - November 2018 - Last Word
Washington Lawyer - November 2018 - Cover3
Washington Lawyer - November 2018 - Cover4
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/novemberdecember2021
https://washingtonlawyer.dcbar.org/julyaugust2021
https://washingtonlawyer.dcbar.org/julyaugust2021
https://washingtonlawyer.dcbar.org/marchapril2021
https://washingtonlawyer.dcbar.org/marchapril2021
http://washingtonlawyer.dcbar.org/novemberdecember2020
https://washingtonlawyer.dcbar.org/novemberdecember2020
https://washingtonlawyer.dcbar.org/septemberoctober2020
https://washingtonlawyer.dcbar.org/julyaugust2020
https://washingtonlawyer.dcbar.org/june2020
https://washingtonlawyer.dcbar.org/may2020
https://washingtonlawyer.dcbar.org/march2020
https://washingtonlawyer.dcbar.org/january2020
https://washingtonlawyer.dcbar.org/november2019
https://washingtonlawyer.dcbar.org/october2019
https://washingtonlawyer.dcbar.org/september2019
https://washingtonlawyer.dcbar.org/julyaugust2019
https://washingtonlawyer.dcbar.org/june2019
https://washingtonlawyer.dcbar.org/may2019
https://washingtonlawyer.dcbar.org/april2019
https://washingtonlawyer.dcbar.org/march2019
https://washingtonlawyer.dcbar.org/january2019
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/august2018
https://washingtonlawyer.dcbar.org/august2018
https://washingtonlawyer.dcbar.org/June/July2018
https://washingtonlawyer.dcbar.org/april2018
https://washingtonlawyer.dcbar.org/March2018
https://washingtonlawyer.dcbar.org/February2018
https://washingtonlawyer.dcbar.org/january2018
http://washingtonlawyer.dcbar.org/december2017
http://washingtonlawyer.dcbar.org/November2017
http://washingtonlawyer.dcbar.org/september 2017
http://washingtonlawyer.dcbar.org/september 2017
http://washingtonlawyer.dcbar.org/august2017
http://washingtonlawyer.dcbar.org/july2017
http://washingtonlawyer.dcbar.org/June2017
http://washingtonlawyer.dcbar.org/may2017
http://washingtonlawyer.dcbar.org/april2017
http://washingtonlawyer.dcbar.org/march2017
http://washingtonlawyer.dcbar.org/february2017
http://washingtonlawyer.dcbar.org/january2017
http://washingtonlawyer.dcbar.org/december2016
http://washingtonlawyer.dcbar.org/november2016/
http://washingtonlawyer.dcbar.org/october2016
http://washingtonlawyer.dcbar.org/september2016
https://www.nxtbookmedia.com