[20180626]LSB10157_更新时间：最高法院受理手机位置数据第四修正案.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i UPDATE: Supreme Court Takes Fourth Amendment Case about Cell Phone Location Data June 26, 2018 Update: On June 22, 2018, the Supreme Court held in a 5-to-4 decision in Carpenter v. United States that government acquisition of historical cell site location information (CSLI) constitutes a Fourth Amendment search. The Court further held that the government needs a warrant supported by probable causenot merely a court order under the Stored Communications Actto acquire historical CSLI in most circumstances. The majority opinion, authored by Chief Justice Roberts and joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan, concluded that “an individual maintains a legitimate expectation of privacy in the record of his physical movements as captured through CSLI.” A central issue in the case concerned the viability of the Courts third-party doctrine, which generally recognizes that no reasonable expectation of privacy exists as to information that a person discloses voluntarily to third parties. The majority in Carpenter reasoned that the third-party doctrine, which developed in cases holding tha