{"id":34998,"date":"2018-10-03T07:02:15","date_gmt":"2018-10-03T12:02:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34998"},"modified":"2018-10-03T07:02:26","modified_gmt":"2018-10-03T12:02:26","slug":"ca5-ip-information-falls-comfortably-within-the-scope-of-the-third-party-doctrine-after-carpenter-no-comparison-to-csli","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=34998","title":{"rendered":"CA5: IP information \u201cfalls comfortably within the scope of the third-party doctrine\u201d after Carpenter<\/em>; no comparison to CSLI"},"content":{"rendered":"

Whatever the status of the third-party doctrine after Carpenter, nothing would change as to subpoenaing IP address information in a child pornography case. \u201cThe information at issue here falls comfortably within the scope of the third-party doctrine.\u201d United States v. Contreras<\/a>, 2018 U.S. App. LEXIS 27795 (5th Cir. Oct. 1, 2018):
\n<\/p>\n

I. Contreras had no reasonable expectation of privacy in Frontier’s records<\/strong><\/p>\n

We first address whether Contreras had a reasonable expectation of privacy in the family address as contained in Frontier’s records. In a series of precedents dating back to 1976, the Supreme Court has found that “a person has no legitimate expectation of privacy in information … voluntarily turn[ed] over to third parties,” “even if the information is revealed on the assumption that it will be used only for a limited purpose.” Carpenter v. United States, 138 S. Ct. 2206, 2216, 201 L. Ed. 2d 507 (2018) (quoting Smith v. Maryland, 442 U.S. 735, 743-44, 99 S. Ct. 2577, 61 L. Ed. 2d 220 (1979) and United States v. Miller, 425 U.S. 435, 443, 96 S. Ct. 1619, 48 L. Ed. 2d 71 (1976)). The third-party doctrine has limits: in Carpenter, the Supreme Court declined to extend the rule to cell-site records that convey “a detailed and comprehensive record of [a] person’s movements.” Id. at 2217. But the third-party doctrine continues to apply to “business records that might incidentally reveal location information,” including telephone numbers and bank records. Id. at 2220.<\/p>\n

The information at issue here falls comfortably within the scope of the third-party doctrine. Frontier’s records revealed only that the IP address was associated with the Contreras’s Brownwood residence. They had no bearing on any person’s day-to-day movement. Contreras lacked a reasonable expectation of privacy in that information.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Whatever the status of the third-party doctrine after Carpenter, nothing would change as to subpoenaing IP address information in a child pornography case. \u201cThe information at issue here falls comfortably within the scope of the third-party doctrine.\u201d United States v. … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[79],"tags":[],"class_list":["post-34998","post","type-post","status-publish","format-standard","hentry","category-third-party-doctrine"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34998","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=34998"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34998\/revisions"}],"predecessor-version":[{"id":35000,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34998\/revisions\/35000"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34998"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34998"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34998"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}