{"id":49583,"date":"2021-09-09T08:21:32","date_gmt":"2021-09-09T13:21:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49583"},"modified":"2021-09-09T08:21:32","modified_gmt":"2021-09-09T13:21:32","slug":"ca7-pen-register-to-track-ip-address-in-cyberattack-investigation-governed-by-third-party-doctrine-and-not-carpenter","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49583","title":{"rendered":"CA7: Pen register to track IP address in cyberattack investigation governed by third-party doctrine and not <em>Carpenter<\/em>"},"content":{"rendered":"\n<p>The use of a pen register order to track IP address in cyberattack investigation governed by third-party doctrine and not Carpenter. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&amp;Path=Y2021\/D09-08\/C:19-1936:J:Sykes:aut:T:fnOp:N:2759396:S:0\">United States v. Soybel<\/a>, 19-1936 (7th Cir. Sept. 8, 2021):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>This appeal presents a constitutional issue of first impression for our circuit: whether the use of a pen register to identify IP addresses visited by a criminal suspect is a Fourth Amendment \u201csearch\u201d that requires a warrant. We hold that it is not. IP pen registers are analogous in all material respects to the telephone pen registers that the Supreme Court upheld against a Fourth Amendment challenge in Smith v. Maryland, 442 U.S. 735 (1979). The connection between Soybel\u2019s IP address and external IP addresses was routed through a third party\u2014here, an internet-service provider. Soybel has no expectation of privacy in the captured routing information, any more than the numbers he might dial from a landline telephone.<\/p><p>Soybel insists that this case is governed not by Smith but by Carpenter v. United States, 138 S. Ct. 2206 (2018). We disagree. Carpenter concerned historical cell-site location information (\u201cCSLI\u201d). The warrantless acquisition of that type of data implicates unique privacy interests that are absent here. Historical CSLI provides a detailed record of a person\u2019s past movements, which is made possible so long as he carries a cell phone. In contrast, the IP pen register had no ability to track Soybel\u2019s past movements. And Carpenter is also distinguishable based on the extent to which a person voluntarily conveys IP-address information to third parties. Accordingly, though our reasoning differs from the district judge\u2019s, we hold that the suppression motion was properly denied.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The use of a pen register order to track IP address in cyberattack investigation governed by third-party doctrine and not Carpenter. United States v. Soybel, 19-1936 (7th Cir. Sept. 8, 2021):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18,79],"tags":[],"class_list":["post-49583","post","type-post","status-publish","format-standard","hentry","category-reasonable-expectation-of-privacy","category-third-party-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49583","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49583"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49583\/revisions"}],"predecessor-version":[{"id":49584,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49583\/revisions\/49584"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49583"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49583"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49583"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}