Discover and read the best of Twitter Threads about #Carpenter
Most recents (2)
1/ A smattering of thoughts on Justice Gorsuch's very engaging/intriguing separate opinion in #Carpenter. First, I'm not typically fond of his writing, but the first 11 pages or so are really worthwhile, ...
@OrinKerr @paulohm @WilliamBaude @NateWessler @isamuel @FirstMondaysFM
@OrinKerr @paulohm @WilliamBaude @NateWessler @isamuel @FirstMondaysFM
2/ ... in that they convey the confusion/disdain almost all students/newcomers sense when they first confront Smith/Miller and REP, and are very honest in reflecting how NG was striving to work though the problems w/o the constraints of dubious doctrines.
3/ I believe his tentative solution--Party X has 4A rights in data/papers conveyed to others if she "entrusted" those to the others and would have a legal right to enforce that "trust" (not requiring a property right, as I read it, but a contract right would do the trick, too)...
Okay, I promised myself I would read the majority opinion in #Carpenter twice before tweeting, but after gleaning the general Twitter-sphere response, I wanted to sound a note that I haven't seen sounded enough:
This will be seen as an inflection point in the history of the Fourth Amendment. We'll be talking about 4A law before-Carpenter and after-Carpenter for a long time, at least for cases involving technology.
Carpenter is a major victory for privacy rights in this country. It's not just the holding, which is significant, it is the Chief Justice's opinion, which embraces more than a few theories of digital privacy that until now has not commanded a majority of the court.
