Carpenter – Cryptography

by Nathan Chang

This podcast gives insight into the progression of the Fourth Amendment of the United States Constitution through time via two court cases, Carpenter v. United States and Smith v. Maryland. These two cases were both integral to how the advancement of technology has affected American legislation by addressing intrusive surveillance technology such as pen registers and CSLI, or cell-site location information. With new technology constantly springing up, our privacy has never been more vulnerable.

Works Cited
Carpenter v. United States. (n.d.). Oyez. Retrieved April 7, 2021, from
https://www.oyez.org/cases/2017/16-402

Cedarbaum, J., Cahill, N., & McHale, S. (2019, June 20). Digital Data Privacy One Year After Carpenter. Retrieved April 8, 2021, from
https://www.law360.com/articles/1170123/digital-data-privacy-one-year-after-carpenter

Kerr, O. [@OrinKerr]. (2018, June 22). It occurs, to me, though, that a ton of work is being done in the opinion by the Court’s lack [Tweet]. Twitter. https://twitter.com/OrinKerr/status/1010181227045933056

Matsakis, L. (2018, June 22). Carpenter v. United States decision Strengthens digital privacy. Retrieved April 08, 2021, from
https://www.wired.com/story/carpenter-v-united-states-supreme-court-digital-privacy/

Smith v. Maryland. (n.d.). Oyez. Retrieved April 17, 2021, from https://www.oyez.org/cases/1978/78-5374

Wessler, N. (2017, April 11). Cell phone records can show where you sleep and where you pray. Retrieved April 08, 2021, from
https://www.aclu.org/blog/privacy-technology/internet-privacy/cell-phone-records-can-show-where-you-sleep-and-where-you

Audio Sources

Retrieved from https://www.fesliyanstudios.com/
● Big Glass Breaking Combo Sound Effect
● AR10 7.62×51 308 Close Single Gunshot A Sound Effect
● Rifle Burst Fire D Sound Effect
● Suspenseful Dialogue
● Too Crazy
● Sentimental Dialogue
● Time Alone

Image: “Analog,” Derek Bruff, Flickr, CC BY-NC

by Kurt Urban

Here’s a story about a man sentenced to 116 years in prison. He appealed his conviction all the way to the Supreme Court… and won. The court’s controversial ruling dramatically changed a new and fast-growing field of law, one that could shape the future of US society. In this episode of One-Time Pod, how the courts are upending the battle between privacy and surveillance.

Bibliography

Auxier, B., Rainie, L., Anderson, M., Perrin, A., Kumar, M., & Turner, E. (2020, August 17). Americans and Privacy: Concerned, Confused and Feeling Lack of Control Over Their Personal Information. Pew Research Center: Internet, Science & Tech. https://www.pewresearch.org/internet/2019/11/15/americans-and-privacy-concerned-confused-and-feeling-lack-of-control-over-their-personal-information/.

Carpenter v. United States, 585 U.S. ___ (2018)

United States v. Moalin, No. 13-50572 (9th Cir. 2020)

Findlaw Attorney Writers. (2018, April 3). Right to Privacy In the Workplace In the Information Age. Findlaw. https://corporate.findlaw.com/law-library/right-to-privacy-in-the-workplace-in-the-information-age.html.

DeMarco, J. V., & Fox, B. A. (2019, April 1). Data rights and data wrongs: Civil litigation and the new privacy norms. https://www.yalelawjournal.org/forum/data-rights-and-data-wrongs.

Kerr, O. S. (2019, October 31). Understanding the Supreme Court’s Carpenter Decision. Lawfare. https://www.lawfareblog.com/understanding-supreme-courts-carpenter-decision.

Kerr, O. S. (2020, September 8). Did the Ninth circuit create a new Fourth Amendment notice requirement for Surveillance Practices? https://reason.com/volokh/2020/09/08/did-the-ninth-circuit-create-a-new-fourth-amendment-notice-requirement-for-surveillance-practices/.

Music:

Hitman by Kevin MacLeod

Link: https://incompetech.filmmusic.io/song/3880-hitman

License: https://filmmusic.io/standard-license

Comfortable Mystery 4 by Kevin MacLeod

Link: https://incompetech.filmmusic.io/song/3530-comfortable-mystery-4

License: https://filmmusic.io/standard-license

Beauty Flow by Kevin MacLeod

Link: https://incompetech.filmmusic.io/song/5025-beauty-flow

License: https://filmmusic.io/standard-license