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Saturday 23 June 2018

Justices adopt digital-age privacy rules to track cellphones

By MARK SHERMAN Freed Wessler, who argued
Associated Press the Supreme Court case in
WASHINGTON (AP) — Po- November.
lice generally need a war- The administration relied
rant to look at records that in part on a 1979 Supreme
reveal where cellphone Court decision that treated
users have been, the Su- phone records differently
preme Court ruled Friday than the conversation in a
in a big victory for privacy phone call, for which a war-
interests in the digital age. rant generally is required.
The justices’ 5-4 decision The earlier case involved
marks a big change in how a single home telephone
police may obtain informa- and the court said then
tion that phone companies that people had no ex-
collect from the ubiquitous pectation of privacy in the
cellphone towers that al- records of calls made and
low people to make and kept by the phone com-
receive calls, and transmit pany.
data. The information has “The government’s position
become an important tool fails to contend with the
in criminal investigations. seismic shifts in digital tech-
Chief Justice John Roberts, nology that made possible
joined by the court’s four the tracking of not only
liberals, said cellphone lo- In this Oct. 10, 2017 file photo, the Supreme Court in Washington is seen at sunset. Carpenter’s location but
cation information “is de- Associated Press also everyone else’s, not for
tailed, encyclopedic and Neil Gorsuch, cast doubt The court ruled Friday in the trial refused to suppress the a short period but for years
effortlessly compiled.” Rob- on Roberts’ claim that the case of Timothy Carpenter, records, finding no warrant and years,” Roberts wrote.
erts wrote that “an individ- decision was limited. Each who was sentenced to 116 was needed, and a federal The court decided the
ual maintains a legitimate wrote a dissenting opinion years in prison for his role appeals court agreed. The 1979 case before the digi-
expectation of privacy in and Kennedy said in his in a string of robberies of Trump administration said tal age, and even the law
the record of his physical that the court’s “new and Radio Shack and T-Mobile the lower court decisions on which prosecutors re-
movements” as they are uncharted course will inhib- stores in Michigan and should be upheld. lied to obtain an order for
captured by cellphone it law enforcement” and Ohio. The American Civil Liber- Carpenter’s records dates
towers. “keep defendants and Cell tower records span- ties Union, representing from 1986, when few peo-
Roberts said the court’s judges guessing for years to ning 127 days, which inves- Carpenter, said a warrant ple had cellphones.
decision is limited to cell- come.” tigators got without a war- would provide protection The Supreme Court in re-
phone tracking information Roberts does not often rant, bolstered the case against unjustified govern- cent years has acknowl-
and does not affect other line up with his liberal col- against Carpenter. ment snooping. edged technology’s ef-
business records, including leagues against a unified Investigators obtained the “This is a groundbreaking fects on privacy.
those held by banks. He front of conservative jus- records with a court order victory for Americans’ pri- In 2014, Roberts also wrote
also wrote that police still tices, but digital-age priva- that requires a lower stan- vacy rights in the digital the opinion that police must
can respond to an emer- cy cases can cross ideolog- dard than the “probable age. The Supreme Court generally get a warrant to
gency and obtain records ical lines, as when the court cause” needed for a war- has given privacy law an search the cellphones of
without a warrant. unanimously said in 2014 rant. “Probable cause” re- update that it has badly people they arrest. Other
But the dissenting conser- that a warrant is needed quires strong evidence that needed for many years, fi- items people carry with
vative justices, Anthony before police can search a person has committed a nally bringing it in line with them may be looked at
Kennedy, Samuel Alito, the cellphone of someone crime. the realities of modern life,” without a warrant, after an
Clarence Thomas and they’ve just arrested. The judge at Carpenter’s said ACLU attorney Nathan arrest.q

Cohen’s photo with Tom Arnold

fuels Trump tape speculation

By MICHAEL BALSAMO for the Trump Tapes” and about after the release of
Associated Press would investigate rumored the “Access Hollywood”
LOS ANGELES (AP) — Presi- recordings of the president. tape during the 2016 presi-
dent Donald Trump’s per- Arnold told NBC News on dential election, which
sonal attorney Michael Friday that he met with Co- captured Trump bragging
Cohen retweeted a photo hen at the Lowes Regency about grabbing women’s
of himself with comedian Hotel in Manhattan and genitals.
Tom Arnold, who is working they discussed the new In announcing the show
on a TV show to hunt down show. last month, Vice said Ar-
recordings of the president, Arnold tweeted the photo nold would “draw on his
fueling speculation Friday with Cohen and the cap- high-profile network of
that Cohen has secret tion “I love New York” on celebrity friends, enter-
tapes of Trump and is will- Thursday night and Cohen tainment executives, and
ing to share them. retweeted it without com- crew members he’s met
Last month, Vice Media ment. over more than 35 years in
In this Oct. 10, 2017 file photo, Tom Arnold attends the premiere announced that Arnold The idea for the show, showbiz to dig for evidence
of “Dead Ant” in Los Angeles. would be featured in a which is set to air on Vice- on Trump’s most incriminat-
Associated Press new show called “The Hunt land later this year, came ing moments.”q