close

Mobile-Phone Case at U.S. Supreme Court to Test Privacy Protections

November 22, 2017

Fenwick privacy lawyer Hanley Chew talked to Bloomberg about U.S. Supreme Court case Carpenter v. United States and how the case may limit law enforcement officials’ power to track persons using mobile phone data.

In oral arguments, the Court will consider requiring prosecutors to secure a warrant before obtaining mobile-phone records showing a person’s location over a period of time.

Chew pointed out a key consideration in the case is how much deference the Court should give the Stored Communications Act. He mentioned a ruling holding government officials to a higher standard could be especially important in cases involving narcotics and firearms — which commonly rely on location data.

It’s going to require law enforcement to do more investigating before they go to court for cell-site information. As a result of that, it might slow down some investigations,” Chew told Bloomberg.

The full article is available through the Bloomberg website. Chew also discussed the case in this Law360 article​ (subscription required).