This is the Kator Daily Podcast for Monday, July 2nd, 2018.

I'm Caleb Brown.

The Supreme Court's decision in Carpenter was meant to be narrow, but it has implications for how courts might think about

government use of your cell data in the future and how we think about who owns that

data to begin with. Cato's Patrick Eddington and Matthew Feeney lay out what we might expect following the Carpenter

decision.

In the Supreme Court's recent Carpenter decision, the court found, yeah, in most instances, asterisk, the police will need a warrant to use

triangulated cell phone data to as a forensic tool to find out certain information.

So what is that, what are we to take away from that in terms of going forward and looking at how

governments routinely make use of data that you and I as a technical legal matter

do not possess it is not part of our effects and papers and such.

Well I think it's definitely a win for privacy advocates, the case that you're describing.

I do want to caution though there's a very narrow ruling, so as you alluded to,

this involves cell site location information as revealed by phone data, but the court was very, very careful in its opinion to say that this case actually involves the physical

tracking of someone using this particular kind of data for more than seven days.

It's a very specific kind of surveillance that they're targeting and they made sure to mention that the ruling does not impact what I believe the Chief Justice called conventional surveillance methods like security cameras and things like that.

So it's an important case, but it's also narrow and leaves a lot of surveillance techniques

available to law enforcement without warrants.

And I think to just kind of go back to something that you mentioned at the outset,

Caleb, I think from my perspective at least, and I wrote this piece in the hill

last week that kind of addresses this, I think that any kind of data essentially that is generated

by your devices in my mind anyway is something that is your property that you do own and you're

...