NYTimes: Justices Seem Ready to Boost Protection of Digital Privacy by Adam Liptak:
WASHINGTON — At a lively Supreme Court argument on Wednesday, a majority of the justices seemed troubled by the government’s ability to acquire troves of digital data without a warrant.
“Most Americans, I still think, want to avoid Big Brother,” said Justice Sonia Sotomayor. “They want to avoid the concept that government will be able to see and locate you anywhere you are, at any point in time.”
The argument lasted 20 minutes longer than the usual hour. By its conclusion, at least five justices seemed prepared to limit the government’s power to obtain records from cellphone companies showing their customers’ locations over long periods of time. But there was no consensus about a rationale for a decision or about how far the court was prepared to go to reshape longstanding constitutional doctrines that allow the government to obtain business records held by third parties.
Let me be frank: This case scares the hell out of me. Digital privacy worldwide and forever may turn on this.