Computerworld

Privacy and civil rights groups lauded Wednesday’s unanimous U.S. Supreme Court ruling that police must obtain a search warrant before searching through the contents of an arrested person’s cellphone.

“We cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime,” Chief Justice John Roberts acknowledged. But privacy comes at a cost, he added.

Several groups said the ruling was pivotal and had far-reaching implications.

Alan Butler, appellate advocacy counsel for the Electronic Privacy Information Center (EPIC), one of several groups that filed an amicus brief in the case, said the rulings affirm Fourth Amendment protections in the digital age.

“This is a hugely important decision. The big takeaway here is that the court recognizes that digital data is very different from its physical analogues,” Butler said.

Today’s ruling makes it clear that cellphones and other electronic devices need to be treated differently, Butler said.

“We expected the court would ultimately rule in our favor but never expected a unanimous opinion. This is a pivotal moment for the Fourth Amendment,” he said

The Supreme Court decision follows myriad contrasting rulings by various courts across the country, noted Hanni Fakhoury, staff attorney at the Electronic Frontier Foundation. “Creating a bright line rule gives the public and the police clear guidance,” Fakhoury said.

The Supreme Court recognizes that smartphones are essentially miniature computers with enormous amounts of data that travels wherever users go, he said. “That recognition will have important implications for future legal challenges concerning the government’s use of technology, whether it be cellphone tracking, Stingrays or NSA surveillance,” Fakhoury said.

The Supreme Court ruling held that mobile phones are different from wallets, purses, cigarette packages or other objects held by suspects who have been apprehended. Searching through the contents of a cellphone is different from searching other things, Roberts wrote.

To argue that the two acts are similar “is like saying a ride on horseback is materially indistinguishable from a flight to the moon. Both are ways of getting from point A to point B, but little else justifies lumping them together,” he wrote. “Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’”

Smartphones, for example, can store huge amounts of text, pictures and video. They collect, in one place, different types of information that “reveal much more in combination than any isolated record,” the ruling said.

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