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Orin Kerr @OrinKerr
, 3 tweets, 1 min read Read on Twitter
Today's 4th Amendment question: If an app keeps detailed location info b/c the phone user allowed the app to always access the phone's location, does the government need a warrant for the info under Carpenter? (Does granting permission change things?) nytimes.com/interactive/20…
Recall this paragraph from Carpenter on why the third-party doctrine didn't apply: CSLI is inescapable and can't be turned off, so it's not really "voluntary" to give CSLI to cell phone provider. But what if you voluntarily share your location with an app?
(To be clear, this seems unlikely to come up much IRL, for a range of reasons. Still, it's an interesting question.)
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