{"id":37329,"date":"2019-04-20T10:15:19","date_gmt":"2019-04-20T15:15:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37329"},"modified":"2019-04-20T10:15:19","modified_gmt":"2019-04-20T15:15:19","slug":"ca1-again-holds-that-ip-information-is-third-party-information-not-governed-by-carpenter","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=37329","title":{"rendered":"CA1 again holds that IP information is third party information not governed by <em>Carpenter<\/em>"},"content":{"rendered":"<p>First Circuit again holds that IP information is third party information not governed by Carpenter. <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/17-1696P-01A.pdf\">United States v. Morel<\/a>, 2019 U.S. App. LEXIS 11457 (1st Cir. Apr. 19, 2019):<br \/>\n<!--more--><\/p>\n<blockquote><p>1. IP Address Information<\/p>\n<p>Morel challenges the district court&#8217;s decision that &#8220;subscriber information provided to an internet provider is not protected by the Fourth Amendment&#8217;s privacy expectation.&#8221; Morel, 2017 WL 1376363, at *7 (quoting Perrine, 518 F.3d at 1204-05). Morel argues that this reasoning is no longer valid after Carpenter.<\/p>\n<p>Our decision in Hood resolves this argument against Morel. 2019 WL 1466943, at *4. In Hood, the defendant was indicted on charges of transportation and receipt of child pornography, and moved to suppress evidence, including his IP address information, that was connected to information shared on a smartphone messaging application. Id. at *1-2. Like Morel, the defendant in Hood argued that under Carpenter, the third-party doctrine should not apply to IP address information that the government gathered from the smartphone messaging company.<\/p>\n<p>Hood rejected this argument, because unlike CSLI information, IP address information on its own does not provide information concerning location. Id. at *4. &#8220;The IP address data is merely a string of numbers associated with a device that had, at one time, accessed a wireless network.&#8221; Id. And, unlike CSLI, &#8220;an internet user generates the IP address data &#8230; only by making the affirmative decision to access a website or application.&#8221; Id. Morel attempts to distinguish Hood on the ground that here, Morel &#8220;accessed the internet from a personal computer that he used in his family home.&#8221; But Hood did not turn on the location from which the defendant accessed the internet. IP address information of the kind and amount collected here &#8212; gathered from an internet company &#8212; simply does not give rise to the concerns identified in Carpenter. As in Hood, Morel did not have a reasonable expectation of privacy in the IP address information that the government obtained from Imgur. It is that information which connected Morel to the uploaded images.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>First Circuit again holds that IP information is third party information not governed by Carpenter. United States v. Morel, 2019 U.S. App. LEXIS 11457 (1st Cir. Apr. 19, 2019):<\/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-37329","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\/37329","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=37329"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37329\/revisions"}],"predecessor-version":[{"id":37330,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37329\/revisions\/37330"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37329"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37329"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37329"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}