Carpenter Privacy Case Vexes Justices, While Tech Giant Microsoft Battles Government in Second U.S. Supreme Court Privacy Case with International Implications

ABA Section of International Law, Privacy, Cybersecurity & Digital Rights Committee Quarterly Newsletter, Winter 2017[-2018]

2 Pages Posted: 28 Mar 2018

See all articles by Richard J. Peltz-Steele

Richard J. Peltz-Steele

University of Massachusetts School of Law at Dartmouth

Date Written: March 8, 2018

Abstract

Fall 2017 saw a major privacy case with international implications reach the U.S. Supreme Court this term, Carpenter v. United States. Now a second such case pits the Government against Big Tech in United States v. Microsoft. Carpenter is a criminal case involving federal seizure of cell phone location data from service providers. Arising under the “reasonable grounds” provision of the Stored Communications Act (SCA), the case accentuates Americans’ lack of constitutional protection for personal data in third-party hands, in contrast with emerging global privacy norms. The second major privacy case headed for Supreme Court decision in 2018 also arises under the SCA, involves criminal investigation and new technology, and implicates collision between the third-party doctrine and European privacy law. In United States v. Microsoft, however, the implications for international law loom larger.

Keywords: Privacy, Law, United States Supreme Court, Constitution, Data Protection, International, Fourth Amendment

JEL Classification: K14, K19, K33

Suggested Citation

Peltz-Steele, Richard J., Carpenter Privacy Case Vexes Justices, While Tech Giant Microsoft Battles Government in Second U.S. Supreme Court Privacy Case with International Implications (March 8, 2018). ABA Section of International Law, Privacy, Cybersecurity & Digital Rights Committee Quarterly Newsletter, Winter 2017[-2018]. Available at SSRN: https://ssrn.com/abstract=3147874

Richard J. Peltz-Steele (Contact Author)

University of Massachusetts School of Law at Dartmouth ( email )

333 Faunce Corner Road
North Dartmouth, MA 02747-1252
United States
15089851102 (Phone)

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