Jul 09 2018

ATLANTA—The Supreme Court’s ruling in the Carpenter case has been hailed by privacy advocates as a potentially groundbreaking decision.  Womble Bond Dickinson attorney Ted Claypoole was one of the privacy industry insiders interviewed by Communications Daily for their reactions to the ruling.

In Carpenter, the court ruled that police collection of at least seven days of cellsite location information is governed by the Fourth Amendment. This means police must obtain a warrant to collect such information.

Claypoole said the decision is the first case establishing third-party doctrine exemptions. The third-party doctrine holds that people who willing offer data to third parties have “no reasonable expectation of privacy.”

Click here to read “Narrow Carpenter Decision Leaves Much of Surveillance Debate Unaddressed” in Communications Daily (subscription required).

Ted Claypoole leads Womble’s Privacy and Cybersecurity Team, IP Transactions Team, and FinTech Team, and he just stepped down as chair of the ABA’s Cyberspace Law Committee and stepped onto the ABA Business Law Section Leadership Council. He has managed responses to scores of data exposure incidents in all types of businesses and has served as in-house tech counsel for CompuServe and Bank of America. With former White House CIO Theresa Payton, Ted has published the books Protecting Your Internet Identity: Are You Naked Online? and Privacy in the Age of Big Data.