Once in a while there is a court ruling on the #FourthAmendment that just makes my jaw drop. [The #ExtremistCourt] The #FifthCircuit had such a ruling last Friday, United States v. Jamarr Smith.…

The new case is about the Fourth Amendment limits of #geofence #warrants, which are warrants to access #location #information for users who have opted into having Internet providers retain location history. 

- Orin Kerr
@lawfare
#law #InfoSec #privacy
https://mastodon.social/@lawfare/112960836499873638

The #FifthCircuit makes 2 important holdings. First, accessing any amount of #geofence records is a search under an expansive reading of Carpenter v. United States. That's the issue that creates the split w/the Fourth Circuit in United States v. Chatrie. …Chatrie held that accessing such records is not a search in the first place, at least if the records sought are relatively limited in scale. The Fifth Circuit expressly disagrees.

#law #InfoSec #privacy

@Nonilex I remember reading that the 4th amendment was in part a response to the British practice of general warrants, where everyone or every property in some area was to be searched. This seems to match a geofence warrant pretty closely.