Constitutional Right to Cell Privacy?

09 August 2013 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

The Chief Justice of the Supreme Court recently commented that its biggest challenge is “constitutional protection is and apply it to new issues and new technology.” The Washington Post reported that Chief Justice John G. Roberts Jr. responded to a question at Rice University that:

I think that is going to be the real challenge for the next 50 years.

In the May 2013 in US v Wurie , Judge Norman H. Stahl applied the Fourth Amendment to the search of a cellphone found on a man arrested for selling drugs:

That information is, by and large, of a highly personal nature: photographs, videos, written and audio messages (text, email and voicemail), contacts, calendar appointments, web search and browsing history, purchases and financial and medical records,...

It is the kind of information one would previously have stored in one’s home.

We will see more court rulings regarding privacy of cells and including from the Supreme Court, and for many years to come.
 

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