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Friday, June 22, 2018

A nice surprise

The Supreme Court denies warrant-free phone tracking:
The US Supreme Court has ruled in favor of digital privacy.

In a 5-4 decision on Friday the justices said that police need warrants to gather phone location data as evidence for trials. That reversed and remanded a decision by the Sixth Circuit Court of Appeals.

Carpenter v. United States is the first case about phone location data that the Supreme Court has ruled on. That makes it a landmark decision regarding how law enforcement agencies can use technology as they build cases. The court heard arguments in the case on Nov. 29.

The dispute dates back to a 2011 robbery in Detroit, after which police gathered months of phone location data from Timothy Carpenter's phone provider. They pulled together 12,898 different locations from Carpenter, over 127 days.
Interesting that it was the liberals on the court actually ruled in favor of warrants. These days, they only seem to want to increase government power.
ROBERTS,  C.  J.,  delivered  the  opinion  of  the  Court,  in  which  GINS-BURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined.  KENNEDY, J., filed a dissenting opinion, in which THOMAS and ALITO, JJ., joined.  THOMAS, J., filed a dissenting opinion.  ALITO, J., filed a dissenting opinion, in which THOMAS, J., joined.  GORSUCH, J., filed a dissenting opinion. 
I was particularly unimpressed by Alito's dissent. Location tracking records simply cannot be confused with ordinary documentation.

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29 Comments:

Blogger White Knight Leo #0368 June 22, 2018 12:09 PM  

I was reading Gorsuch's dissent.

One of his complaints - valid, in my opinion - is that the ruling doesn't address other 4th Amendment issues at all. Maybe the cell phone's location data is no longer accessible, but your call list still is.

It also continues to uphold the insane Third Party Doctrine, such that any information you share with a third party is one that you have no reasonable expectation of privacy in.

Blogger Looking Glass June 22, 2018 12:22 PM  

Sometimes dissents are little more than flipped votes so they can air their grievances on a topic. Occasionally, they do it in their concurring opinion, which almost reads like a dissent.

Blogger Looking Glass June 22, 2018 12:23 PM  

Though it should probably be noted: do we expect them to stop because of this ruling?

Blogger Noah B The Savage Gardener June 22, 2018 12:35 PM  

That's nice and all but the illegal spying isn't going to stop. We're well past the point that the deep state cares about obeying the law. I don't know how they're going to do it but I would guess that they will just outsource the spying to the wireless providers.

Blogger Man of The West June 22, 2018 12:37 PM  

Great point. Hadn’t they been shown to be lying about spying on Americans since Clapper lied to congress about it?

Blogger pyrrhus June 22, 2018 12:37 PM  

It's very disappointing that the "conservatives" on the Court have consistently refused to abide by Constitutional limitations on police power...But as the "Wise Latina" correctly pointed out, there are no criminal lawyers on the Court at this point, nor apparently any who are even familiar with the field.

Blogger Noah B The Savage Gardener June 22, 2018 12:38 PM  

Would it be beyond the deep state to engineer a ruling like this just so they can make people think they're not being systematically tracked? It wouldn't surprise me to learn that they've done just that.

Blogger jaericho June 22, 2018 12:44 PM  

@7 I'm reminded of everyone praising Apple's decision to plug up the security hole that LE uses to hack the passcode on an iPhone. Whoopdedoo. Everything is/will be stored in the cloud so LE doesn't need the phone.

Blogger basementhomebrewer June 22, 2018 12:47 PM  

It also continues to uphold the insane Third Party Doctrine, such that any information you share with a third party is one that you have no reasonable expectation of privacy in.

The third party doctrine is where the challenges really need to do. All of your banking transactions, phone calls, text messages, emails and web browsing are being monitored by the providers of those services by Federal law. It is a blatant attempt to subvert the 4th amendment and it captures data on at least 90% of people's activities.

Blogger RobertT June 22, 2018 1:30 PM  

Is Roberts a conservative, a liberal or a gamma?

Blogger Cataline Sergius June 22, 2018 1:32 PM  

Sh!t.

Kennedy has hired four clerks for the next court term.

He was yanking our chains all along.

In truth I'm not surprised by that. I was hoping but I'm not surprised.

He's the biggest Cuck in Washington. The idea of not Cucking is a horror beyond imagining for likes of him.

Blogger Cataline Sergius June 22, 2018 1:37 PM  

I suspect that being a Cuck. Kennedy is hoping that the Senate will shift over to the Democrats.

That way when he does retire, it will be a Republican president that nominates his successor but the Democrats in the Senate who get to approve. Thus insuring the survival of cuckdom in the High Nine.

Blogger TheMaleRei June 22, 2018 1:38 PM  

RobertT wrote:Is Roberts a conservative, a liberal or a gamma?

At this point, from our perspective, does it really make a whole lot of difference?

Blogger SciVo June 22, 2018 1:40 PM  

RobertT wrote:Is Roberts a conservative, a liberal or a gamma?

His positions (heh) are so swishy, I suspect lambda.

Blogger pyrrhus June 22, 2018 1:46 PM  

Roberts is a middle of the road conservative, whom they can control on key decisions like Obamacare, probably through his adopted children...Obviously, they didn't care much about this decision.

Blogger Al K. Annossow June 22, 2018 1:56 PM  

"Location tracking records simply cannot be confused with ordinary documentation."

You WILL be confused if we decide you will be confused! And don't think that living overseas puts you beyond our reach!

Notice the exclamation points that are used to prove the statement is true.

Blogger kurt9 June 22, 2018 1:59 PM  

The real effect of this ruling is to increase the firewall between the NSA and law enforcement. The NSA knows where you are whenever you have your cellphone with you (which is like 100% the time for most people these days) and what you say on it. The NSA has essentially morphed into the "Citizen Oversight" in the novel "Queen of Angels". This ruling makes it so that law enforcement has to get a warrant before accessing the NSA's database for information. It just means Mary Choi needs to get a warrant before she can access your cellphone records.

Blogger Brick Hardslab June 22, 2018 2:00 PM  

I don't mind the location tracking thing so much. You volunteer to carry the little snitch with you everywhere. I believe call logs and certainly conversations or texts require a warrant with an actual judge's signature to obtain. Anything else is a slippery slope.

If I had to drive to the judge's house on a Sunday afternoon to get a signature on a warrant so can the new guys.

Blogger RobertT June 22, 2018 2:50 PM  

Jus' wonderin.' How many justices have landlines?

Blogger Brick Hardslab June 22, 2018 3:00 PM  

I'm guessing all of them to recieve faxes. Unless rules changed in the last few years.

Blogger Cluebat Vanexodar June 22, 2018 3:26 PM  

https://www.nextbigfuture.com/2018/06/india-and-worlds-economic-problem-of-people-with-iq-below-83.html

Think I'll just leave this here and see what happens.

Blogger Al K. Annossow June 22, 2018 3:59 PM  

@21
India has been aware of the problem for quite some time. I wish them well in their attempts to provide long term solutions for their people. And I'm sure that our successes already provide much charitable assistance and many economic opportunities in reaching their goals. And I even hope they find alternative solutions now that they will probably no longer get $3.5 trillion from the Paris Climate Accord (I skimmed the document describing their proposed use of the funds).

Blogger Francis Parker Yockey June 22, 2018 4:12 PM  

@Cluebat Vanexodar

It's OT, but I'll bite:

India and Africa have more with IQ below 83 because of brain damage from malnutrition and disease

high disease levels and stunting cause less brain development and lifelong IQ loss. This increases the number of people with IQ below 83 sometimes as high as 50% or more.

Muh Blank Slate.

Why are they assuming, not only single-factor causation -- but its direction? Could it be that peoples with lower average IQ have a higher propensity to form societies which foster "malnutrition," "disease," and "stunting?"

the US military determined that people with an IQ below 83 (1 in 10 people in the USA)

Is this also caused by "stunting from malnutrition and disease?" Or is there perhaps some other factor involved? What is the distribution of these low IQ people across the population? Do races that are subject to the malign effects of "malnutrition and disease" in their home countries also seem to suffer from those same effects here? Why is that?

Also, how can you write an article claiming that environmental factors are the sole determinants of IQ, and not even mention the word "iodine?"

Blogger Robert Divinity June 22, 2018 4:14 PM  

"John Roberts made the law, now let him enforce it."--the Deep State

Blogger James Dixon June 22, 2018 4:50 PM  

> That way when he does retire, it will be a Republican president that nominates his successor but the Democrats in the Senate who get to approve. Thus insuring the survival of cuckdom in the High Nine.

If they refuse to approve Trump's nominations, he may simply not appoint anyone and let the court stay at eight. He may even have legislation introduced to cut it back to seven as people leave.

Blogger Cluebat Vanexodar June 22, 2018 5:29 PM  

Only applies to historical data. Sting Rays are still wide open.

Blogger Don't Call Me Len June 22, 2018 5:50 PM  

@16 - Exclamation points achieve nothing. You gotta go ALL CAPS. ALL CAPS BROOKS NO DENIAL.

Blogger Al K. Annossow June 22, 2018 6:27 PM  

Don't Call Me Len wrote:@16 - Exclamation points achieve nothing. You gotta go ALL CAPS. ALL CAPS BROOKS NO DENIAL.
OK!

Blogger tz June 23, 2018 1:31 AM  

The Gorsuch dissent is perhaps the most interesting - it is almost a concurrence in that the ruling is correct but for the wrong reasons (and is yet another case where there will be lots of cases brought in the confusion given by the ruling).

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