Last week, the privacy advocates celebrated a decision of the U.S. Supreme Court that concluded police must apply for and obtain a search warrant before tracking and collecting as evidence the ‘customer proprietary nework information” (CPNI, which records the physical location of cell phones) relating to the cell phones of criminal suspects. Carpenter v. United States. Far and wide, privacy advocates rejoiced.
Quite frankly, their joy is inappropriate. Rather than advancing privacy, the majority opinion sets the stage for nearly endless balancing, litigation, and counting of angels dancing on the heads of pins. That outcome is entirely inconsistent with the certainty, precision, and automated governance that the Internet now demands and, in the future, will require to survive and … Read More