What the Founders Would Say About Cellphone Surveillance

On Nov. 29, the Supreme Court will hear oral argument in an important case called Carpenter v. United States. Although the question in the case may feel very modern — whether government agents can obtain the location data generated by cellphones without a warrant — history can tell us a lot about how the court should answer that question.

The Fourth Amendment of the U.S. Constitution guarantees that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” The amendment arose from the Founders’ concern that the newly constituted federal government would try to expand its powers and undermine....

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Category : Surveillance News

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