Who Owns the Digital Information About You?

November 30, 2017

Mr. Carpenter was convicted in 2013 of a series of armed robberies. Evidence leading to the conviction included historical cell phone location information obtained by the government without a search warrant from a cell phone company. The Court must decide whether such information can be used to prosecute Mr. Carpenter.


The case will provide the Court with an opportunity to clarify when the government requires a warrant to obtain certain digital information from wireless companies.


The Court might decide the case without addressing the intriguing question of the ownership of the digital information. This issue was addressed in an amicus brief before the Court authored by the Competitive Enterprise Institute, the Cato Institute, and the Committee for Justice.


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