Law Review Article – Carpenter v. United States: Big Data is Different

Carpenter v. United States, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Margot E. Kaminski Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog “A central truism of U.S. privacy law is that if you share information, you do not have an expectation of privacy in it. This reasoning runs through both Fourth Amendment jurisprudence and privacy tort cases, and has repeatedly been identified as a central failing of American privacy law in the digital age. On June 22, in Carpenter v. United States, the Supreme Court did away with this default. While repeatedly claiming to be fact-bound and incremental, Chief Justice Roberts’s opinion has paradigm-shifting implications not only for Fourth Amendment law, but also for private-sector privacy law.”

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