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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 podcast is available in iTunes tuned in stitcher SoundCloud Feedburner Google Play Music Google podcast and the Amazon echo and of course Cena comm see y'all tomorrow bye folks take care you
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