27 minutes | Jul 16th 2019

In Conversation: A Fourth Amendment for the Digital Age

In its landmark decision in Carpenter v. United States, the Supreme Court held that the Fourth Amendment requires that law enforcement obtain a warrant before gathering historic cell site location data about a suspect from cellular service providers, calling into question the validity of the “third-party doctrine” in the online context. The decision has opened the door to a new way of thinking about constitutional privacy in the digital age, where third-party platforms store some of our most personal data. How will (and how should) courts respond to government requests for IP addresses, search history, emails and the like? And what could Congress do to clarify existing law? A former federal magistrate judge, the Hon. Stephen Wm. Smith, will discuss these issues with noted practitioner, Marc Zwillinger, and together they will provide their analysis of where we’ve been and where we’re going.

Jim Dempsey, Executive Director, Berkeley Center for Law & Technology (Moderator)
Hon. Stephen Wm. Smith, U.S.M.J. (retired), Director of Fourth Amendment & Open Courts, Stanford Center for Internet and Society
Marc Zwillinger, Founder & Managing Member, ZwillGen PLLC