What the Supreme Court's landmark phone privacy ruling means for you (The 3:59, Ep. 419)
What the Supreme Court's landmark phone privacy ruling means for you (The 3:59, Ep. 419)
2018-06-25
welcome to the 359 I'm Roger J I'm Ben
Fox Ruben I'm Alfred Inge Supreme Court
ruled that law enforcement must obtain a
warrant to get your cell phone location
data it's a landmark ruling for privacy
offered you you covered it from the
start what does this mean for everyone I
mean essentially the big change here is
that you know law enforcement can't like
just obtain yourself on historical
records without a warrant anymore which
is what they were doing yeah in the past
they were able to do that because they
used this thing called the third party
doctrine the idea that that data that
belongs to the third party so in this
case with Timothy Carpenter they pulled
up all his historical GPS data from his
phone basically saying we're not taking
it from him we're taking it from his
cell phone service provider so like a
Verizon or AT&T yeah yeah and they had
that data belongs to them that you know
rule kind of came with credit card
information as well in the past where it
was the idea of we're using organic
getting this data of your credit card
transactions from like the credit card
company not from you that day doesn't
belong to you but this ruling basically
says like no that data on a cell phone
like because you're using a cell phone
everywhere you have an expectation of
privacy that thing follows you
everywhere so that is considered like a
Fourth Amendment kind of search and you
do need a warrant for this so what does
this mean for law enforcement I mean
this I think this is for individuals
positive in terms of privacy but what
about for law enforcement and their
ability to essentially this adds an
extra step for them for when they want
to conduct their investigations but it
could extend to more than just your cell
phone records because in the Chief
Justice John Roberts opinion he had
written basically that the big reason
for this is because you can't really opt
out of having a cell phone like the
defense they were using like credit
cards you can use cash to buy things so
that's different you have an option to
get out of that the way that technology
has evolved though there's so many like
things that you need like the tech for
that like this counts as like an
invasion of privacy so it could extend
in the future like if you know
everything in a smart home is like
ubiquitous like it's all over your house
and you can't really do normal things
without a smart home anymore then like
that would fall under it and think
like that well there was already an
example of that where law enforcement
tried to get Amazon echo information in
a murder case
yeah right so we're already seeing some
elements of that already
all right so let's talk about Amazon HQ
to the the sweepstakes 4 which will be
the the second big Amazon hub is still
going on but then you went to Toronto to
look at its chances we call it a dark
horse candidate what did you find
Toronto has a lot going for it as a city
from the perspective of a lot of folks
living there this is a really perfect
environment for Amazon to go to it's got
a thriving and growing tech hub but at
the same time because it's based in
Canada that's both a positive and a
negative for Toronto I imagine that
opens up Amazon and Jeff Bezos to a lot
of criticism criticism if they go with a
non American city right right this is
the only non-american city out of the 20
finalists so the expectation that they
would actually go to Toronto instead of
where the smart money is pointing to the
DC area where there are three separate
candidates right it seems unlikely but
maybe Toronto ends up getting I don't
know like a secondary prize or something
like that it's hard to say and there are
tech upazila
Google's there there they've got like
you said sort of a thriving tech hub
already right
yeah Google is their Salesforce recently
built their Etsy is going there so there
is a lot more going on in Toronto than
there used to be it's got very low crime
very high college attainment it's it's a
really great city for the tech community
and it's growing in that way but is
Amazon gonna end up going there I mean
it seems pretty unlikely it'll be a good
way for business to throw some shade of
trop though yeah potentially but like I
also throw some shade it like you know
like some of their shoppers like
American shoppers might not like the
idea of that many jobs go into Canada -
alright for more on those stories checks
on CNET I'm Roger Chang I'm Ben Fox
Ruben I'm Alfred Inge thanks for
listening
hang on I'll get it I'll get it I got it
now we're officially thirty seconds
behind we were all like 12 seconds over
but well somebody showed up like 10
minutes late
yeah sorry just putting that out yeah
ban could have looked there oh we saw
you we all saw you under there that was
pretty those priceless all right as per
usual it's time to submit questions and
comments about the topics at hand or
maybe beyond let's see where it takes us
today I'm gonna delve into the chat and
see what you guys think about what we're
talking about and find out what you want
to talk about first up from Priority One
good morning I use VPNs can Congress
bypass that legally that's a great
question legally no I don't know know
what Congress wouldn't be the ones
looking at your in-laws yeah like law
enforcement would but I mean the general
question is like law enforcement legally
yeah I mean VPN like hide your internet
browsing activity but if they have info
like on your whole device then that
doesn't really protect you that much but
yeah if there could they get the
information through the VPN provider
yeah that's happened in that case I
guess yeah oh there you go
don't don't trust your VPNs are like
nice to use to like hide your like
browsing activity but like other stuff
that you do on your device like might
not be protected by a VPN right your
location yes yep let's take a question
from Huey AG wouldn't having an HQ
outside the US open Amazon up to more
world markets especially given the
escalating Trump trade war now let's
yeah stay away from politics but then
stay away from politics on this one yeah
- che there there's definitely an
argument that going to Canada could help
Amazon diversify not only politically
but also from a regulatory standpoint
from a tax standpoint immigration
standpoint so there are definite
considerations to Toronto and it's one
of the 20 finalists which like I kept
asking analysts and experts about this
and saying like I don't know does it
really seem likely that they would go to
Toronto and a lot of folks were saying
look
if there was a 0% chance that this would
happen they wouldn't be a finalist they
were 238 total bidders for HQ - it is
pretty surprising and impressive that
they managed to make it such a short
look Toronto do anything special to like
sweeten their bid you know how like
companies sound like cactuses or random
like yeah wasn't Toronto's whole so like
a lot of DC for example has offered like
oh well open up like this kind of like
Amazon University kind of thing in like
our area that would like prepare like
new Amazon staffers from what I
understand Toronto's how like whole bid
was based like look we're Canada so so
Montgomery County Maryland is offering a
staggering eight point five billion
dollars in tax incentives Toronto is
offering wait for it
nothing Wow offering how much is that in
like Canadian currency there exactly and
and there are certain tax incentives
that are baked in for like like the
standard ones that you would get the
standard ones like like an Innovation
Fund that Amazon could potentially tap
into there's also state-run health care
so Amazon wouldn't directly be paying
for health care and that could save them
hundreds of millions of dollars per
their employees would so that's a little
bit complicated but either way it's it's
was was kind of bold that they decided
like look if you want to come to Toronto
we're not gonna pay you any extra for it
because we don't like the precedent you
like what's that torpedoes or chances
right there maybe like if I'm Amazon I'm
probably going for the money at the same
time there are no other Canadian
competitors so if Amazon decided they
wanted to go to Canada that is the only
finalist except if they decided to do
some sort of curveball and say psych you
know we're going to Vancouver they
weren't on the list decided to go there
anyway see if it's great Vancouver was
pitch yeah food is protesting no tax
incentives but the sushi is great yes
three oh three bang bang wants to know
is Denver still in HQ running
think so no I don't believe so yeah
sorry if you're in Denver Lebrun J wants
to know it well not doesn't want to know
who says I hope Amazon HQ comes to
Newark New Jersey and on that note on
that no I I know they're not going to
unfortunately but let's go ahead and
open it up give us your best Amazon
pitches as to why they should build HQ
wherever you are
I'm from a tiny tiny tiny tiny tiny town
upstate called bath and it's got a
population of 5,000 and I would love an
Amazon HQ to double our population
double O it would be ten yeah it would
be much more than that would be pretty
insane I know that New York City is one
of the finalists but I think I'm among
one of the I don't know if it's many or
a few I just know I'm among them that is
based like don't come here we don't want
you tax incentives we don't give those
well so going back to the question about
Newark
I actually thought Newark was a serious
contender for a while because they were
offering such a big tax incentive yeah
like the most they were for the longest
time offering the most until Maryland
showed up so Newark is still offering
seven billion dollars which shockingly
is not the highest publicly known value
anymore the problem is is that Amazon is
looking at things like quality of life
and you know like nice coffee shops for
people to go to and Newark doesn't
really have that quite yet there would
have to be a lot of development and
gentrification of Newark so even though
there's an expectation that money walks
a lot of times in these types of
situations that's why I was thinking
look Toronto does seem like a very good
cultural in quality of life it except
for the fact that it being in Canada
opens up a lot of it opens up a can of
worms of politics yeah I don't think
Jeff Bezos wants to deal with like he'd
be explaining that situation for years
afterwards so nice coffee shops that is
the most first world prioritization I
made there we go if you've been to
Seattle that's that is Seattle's one big
coffee shop and everything's very
jittery over there
ever heard of it here's a question I
don't think we've even brought up Nikola
asks why are they opening a new HQ it's
a very good question
Bezos why not kind of scenario it is it
is kind of a why not scenario where if
they go to Maryland Maryland is
basically paying for a new headquarters
the argument is is that Amazon has
gotten so big that they basically
outgrown Seattle and there isn't that
much tech talent for them to tap into
it's also become super expensive to be
in Seattle so they're looking for
somewhere else but I feel like they'll
create the same problems wherever they
go right I'll raise the real estate
prices around Canada because Toronto the
real estate prices are really high right
exactly yeah which is which is an
argument against Toronto that if you're
gonna spend five billion dollars to
develop hq2 there it's not really gonna
go that far right but it would
exacerbate things like for instance the
same thing in New York City is that if
they showed up here the like really yeah
they're gonna just get higher or they're
gonna plateau and stay really hot right
yeah it's tough to say
Danny Green chiman insane Amazon already
has two big warehouses in the Charlotte
area and we are starting a third so why
not add the HQ here oh yeah I remember
they think we don't have enough tech
savvy people here to run it mm-hmm
that sucks yeah that can't be true one
of the local city is Atlanta but I think
Charlotte did not make the shortlist
there's Atlanta in Miami I really don't
think it's going to Miami that's too far
so yeah oh man they should build it in
Atlanta and partner up and free Pepsi
for everyone in Amazon sure it's coke I
thought it was Pepsi I know I know I
know you're right it's Pepsi's in
Westchester County Pepsi is really
Israel you're right I'm sorry I'm sorry
and they have a beautiful sculpture
garden if you ever want to go there top
a Pepsi coke now Pepsi I used to
beginning weed in Canada or is that
different kind o it's legal and it'll be
legal in Canada on July 1st friend Tony
but coke is already legal in Atlanta it
is now
okay for now it is got it my my videos
for me asks is it the same law of
regarding law enforcement in Vancouver
BC Canada Vancouver sushi is awesome
wait what I think I'm sorry I forget
that you guys don't see the chat in real
time there's a whole divergence into
legalization go figure how is the law of
sushi okay yeah it's it's it's the
legalization of I presume marijuana is
supposed to be all across Canada
starting July 1st somebody told me I
don't know where from imagine soggy is
Washington DC Virginia still in the
running
yeah yes and sorry Denver is still in
the running my mistake ah sorry that one
was oh I lost the username 303 bang bang
yep yep oh wait no no that was was that
Denver or Detroit no yes Denver and I
was kind of on the fence on it sorry I I
forgot about Dunford don't don't get mad
at me no I get mad at me Denver afraid
yeah tomorrow our episode tomorrow's
episode 420 of the three yeah we're
really leaning into this weed stuff
barrier we could talk about tomorrow
okay or not right but sending you all
your marijuana tech questions then we'll
send in your marijuana cuz clearly these
three guys at the table are the experts
sorry I'm very high right now oh my god
you're so square
I'll lean into being very square
whatever okay
Alfred I personally kind of want you to
elaborate a little bit more on the
search warrant cuz as always four
minutes cut that in half for the sake of
the stories it's never enough to really
get into details I want to know more
about this the the the search warrant
and how that process really is going to
need to work for law enforcement to get
data off your phone and does that apply
to other devices too like smart speakers
that are recording you
and your tablets and your pcs whole
thing how does this all play idea is
that like this decision will set a
precedent like down the line that when
law enforcement does try to get this
information without a warrant then you
know it'll basically go back to this
decision and say well look at the
carpenter of a US case they they decided
they didn't need a warrant for that so
you will probably also need a warrant to
get info out of like your smart home or
your smart speaker that kind of stuff
because in the past it was basically oh
we can just ask Amazon for that
information without a warrant or
something like that and like try to get
it that way yeah I mean like getting a
warrant for this kind of stuff it's not
that hard but like it does add an extra
step that like sometimes officers like
don't want to do but like yeah most
judges will like approve warrants pretty
quickly but the the whole idea now is
though like you still have to go through
this legal process because my Fourth
Amendment rights protect my data from
you being one to just grab it like
without like you know any permission
from the courts or anything like that
but is the warrant kept private from you
like if there's an investigation against
you because there's a belief that you're
doing something illegally let's say that
there's a warrant that's obtained on
your cell phone it's not like that
information is all of a sudden shared
with you yeah I don't really yeah I
don't know if you're informed if a
warrant is out for you right then you
would stop doing whatever illegal like
it is in this scenario though and in
this specific court case this is these
are warrants like about historical data
so wouldn't be stuff that you're
continuing to do they specified in the
opinion in the major opinion that
basically even though this addresses
historical data this does not address
like real-time tracking so if they're
like constant like already monitoring
you and like for new stuff that you're
doing this they they might still be able
to do that without a warrant this is
more so about historical data like the
breadth of like information that's like
that has been collected on you from like
major companies which they've also
argued like this provides more
information than real-time tracking does
because like you get like this whole log
of stuff youth right over like so in
Timothy carpenters case they had been
tracked they amassed data on him from
like the past like 120
two days before like he was arrested so
that was like four months worth of data
on somebody and they're saying like you
can definitely build up more about
somebody from that like one data dump
than like you know just like if they're
actively tracking him
it seems surprising to me that the
Supreme Court decided that this is the
historical data is a Fourth Amendment
issue but potentially not the real data
they only didn't address it because this
case like wasn't about that they could
have extended it to it but like that's
not what they were arguing about in this
case ganja to backpedal for a second my
my videos for me did clarify they were
asking no I was asking if the law
regarding law enforcement tracking the
location applied in Canada do they need
a warrant in Canada and I like to expand
on this and say is this u.s. restricted
or what kind of jurisdiction can you
expect out of this data mining no not
mining what's what's a word I'm looking
for
like collection yeah I don't think I
kind of it like applies for Canada
because this was the US Supreme Court
decision and I don't do not know what
the laws are for Canada as far as law
enforcement and searching for
information imagine they're probably
wrestling with the same yes this is all
relatively new it's yeah yeah well that
was actually very interesting I'm glad
to know this I what do you guys think
just as closing thoughts is this great
thing for privacy or is this another cog
in the wheel just gonna slow down the
system more I've seen both perspectives
of this some arguments have basically
been you know fourth limit like warrants
are so easy to get for police officers
that like it really doesn't slow them
down but I think at the same time this
is considered like a privacy win because
it does state for the record like on
paper somewhere like that other court
cases can use like no you did need to
get a warrant for this and you should do
you should follow like the the system
that we have set up for this that by
like the Fourth Amendment all right that
was actually a very well versed an
intelligent conversation not about smash
brothers for once hey well done offered
what about what does smash brothers
is another Supreme Court case Wario
Waluigi to be far he's only got cheated
anyways we are at a time thanks
everybody for joining us we'll be back
tomorrow on episode 420 leave it to you
guys take it away all right yeah 359
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y'all tomorrow bye folks take care
you
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