News & Analysis as of

Electronically Stored Information Location Data

WilmerHale

The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

WilmerHale on

On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more

EDRM - Electronic Discovery Reference Model

Geofence Search Warrant Held Valid

County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of...more

Association of Certified E-Discovery...

Where in the World is That Phone? Geolocation of Mobile Devices

Mobile devices and cell phones are frequent sources of evidence in modern legal cases and investigations, and a common question involves where a phone was at a particular time. Although CSI makes this seem like a question...more

Robinson+Cole Data Privacy + Security Insider

Location Data Results in Resignation of High-Profile Church Official

Location data is data that marks the longitude/latitude location of a smartphone or other device at a particular time, or over a period of time. It works like this: each day our device, which has a unique identifier or ID,...more

Association of Certified E-Discovery...

Apple iPhone Forensics: An Update from the Trenches

Since the first-generation iPhone model released in 2007, thirteen years have passed with more than twenty different style iPhones being released. With each model comes better hardware specs alongside newer features contained...more

Alston & Bird

BREAKING: Location and Mobile Data in the Fight against COVID-19 – An Overview of U.S. and Global Efforts

Alston & Bird on

Governments are increasingly seeking to leverage consumer geolocation and other mobile device data to assist with fighting the spread of COVID-19, as cases continue to mount globally. Location data can be of significant...more

Jackson Lewis P.C.

Using Data From Wearable Devices In Litigation

Jackson Lewis P.C. on

Millions of people across the globe use some type of wearable device that constantly captures data including health information, fitness levels, location, and much more. These devices, such as Fitbit and the Apple Watch, are...more

Womble Bond Dickinson

New Utah Privacy Law Expands Warrant Requirement for Individuals’ Data Held by Electronic Communications Service Providers

Womble Bond Dickinson on

On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more

Fox Rothschild LLP

Carpenter May Reveal A Recipe For Defense In High Tech Criminal And Regulatory Cases

Fox Rothschild LLP on

The U.S. Supreme Court has once again expanded the Fourth Amendment protections afforded to certain modern digital communications. And in doing so, the unusual five-justice majority led by Chief Justice Roberts has suggested...more

Alston & Bird

U.S. Supreme Court Builds On Individuals’ Privacy Rights

Alston & Bird on

In a landmark Fourth Amendment case, the U.S. Supreme Court ruled that digital is different. A cross-practice team from our National Security & Digital Crimes and Cybersecurity Preparedness & Response teams parse the narrow...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Requires Warrant for Law Enforcement Requests for Location Information from Third Parties

The U.S. Supreme Court has handed down a major decision, Carpenter v. United States, concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the...more

Morrison & Foerster LLP - Social Media

Location Information Is Protected by the 4th Amendment, SCOTUS Rules

As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent...more

Dechert LLP

Privacy of Cell Location Data – Analysis of Carpenter Decision

Dechert LLP on

In a closely watched decision, the United States Supreme Court recently held in Carpenter v. United States that government prosecutors must seek a warrant to obtain cell phone site location information from cell phone service...more

Polsinelli

In Carpenter v. United States, the Supreme Court Extends Fourth Amendment Protections to Consumer Data Held by Wireless Carriers

Polsinelli on

The U.S. Supreme Court recently ruled in Carpenter v. United States that the government must have a warrant to access an individual’s cell phone location history from wireless carriers. The Court held, in a 5–4 opinion issued...more

Davis Wright Tremaine LLP

INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed or Wanted

On June 22, 2018, the United States Supreme Court appeared to establish a new standard for privacy rights when its decision in Carpenter v. United States, 2018 BL 222220 (2018), held that the government’s acquisition of a...more

Jackson Lewis P.C.

You’re Gonna Need A Warrant For That….

Jackson Lewis P.C. on

On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on...more

Parker Poe Adams & Bernstein LLP

What the U.S. Supreme Court's Cell Tower Ruling Means for the Intersection of Privacy and Modern Technology

In a 5-4 decision on June 22, the Supreme Court in Carpenter v. United States ruled that the police need a search warrant to access cell tower records that can map a criminal suspect’s location and movements. Chief Justice...more

Association of Certified E-Discovery...

Judge Facciola Says Carpenter Decision May Signal the End of the Third Party Doctrine

The Carpenter decision has been the focus of many discussions since it came down last week. In a closely watched case, a 5-4 SCOTUS ruled that police access to a person’s historical cell phone tower site records (7 days or...more

Mintz - Privacy & Cybersecurity Viewpoints

Narrow Ruling for Privacy at SCOTUS in Carpenter

The Supreme Court ruled, at the end of June, that seizing cell-site location information—data that tracks cell phone users’ movements—constitutes a search under the Fourth Amendment. Speaking for a 5-4 majority in Carpenter...more

A&O Shearman

Supreme Court Requires Law Enforcement To Obtain Search Warrants Before Accessing Certain Cell Phone Location Data

A&O Shearman on

On June 22, 2018, in a 5-4 ruling, the United States Supreme Court held that the government’s acquisition of certain cell-site location information (“CSLI”) kept by third parties constitutes a search under the Fourth...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2018 #4

Robinson & Cole LLP on

Just weeks after Mexico’s central bank was targeted by hackers who stole $15 million, Chile’s biggest bank, Banco de Chile, announced on May 28, 2018, that it had been struck by a “virus” that affected its workstations,...more

Robinson+Cole Data Privacy + Security Insider

U.S. Supreme Court Issues Seminal Privacy Decision Concerning Cell Location Data

Cell phones are a ubiquitous part of our modern life. It’s easy to forget that they are constantly tapping into the wireless networks around us several times a minute, even when we’re not using them. ...more

Kramer Levin Naftalis & Frankel LLP

U.S. Supreme Court Upholds Criminal Defendant’s Fourth Amendment Interest in Cell Site Data Held by Third Party

In its June 22, 2018, decision in Carpenter v. United States, a 5-4 majority of the Supreme Court held that a criminal defendant’s Fourth Amendment rights were violated when the government obtained a court order requiring his...more

Cooley LLP

Alert: Carpenter v. United States: What It Means for Companies that Collect Location Data

Cooley LLP on

On June 22, the Supreme Court issued its decision in Carpenter v. United States and held that law enforcement officials must obtain a warrant before they can ask wireless providers for automatically generated information...more

Nutter McClennen & Fish LLP

Bringing the Fourth Amendment into the Digital Age: Implications of Carpenter v. United States

The Supreme Court announced a major decision interpreting the Fourth Amendment for the digital age in Carpenter v. United States. The case is a significant win for privacy advocates and a sea change in the Court’s...more

44 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide