Big Brother is Watching You

Big Brother is Watching You

The Eleventh Circuit created a circuit split on Wednesday on whether the Fourth Amendment protects historical cell-site information. Last year, the Fifth Circuit held that it doesn’t; today the Eleventh Circuit held that it does. The Eleventh Circuit’s opinion is premised on the idea that some facts are inherently private. If the government learns those facts, then a search occurs. Here, the court concludes that cell-site information reveals private facts about you such as whether you are “near the home of a lover, or a dispensary of medication, or a place of worship, or a house of ill repute.” Because those facts are by nature private, the court holds, the government violates a reasonable expectation of privacy when it learns those facts by collecting cell-site records from cellular phone providers.

Read the full story at The Washington Post.

Get Briefed Every Day!

Subscribe to my daily newsletter featuring current events and the top stories in technology, media, and marketing.