The Volokh Conspiracy

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Volokh Conspiracy

Debate on 'Carpenter v. United States,' the Fourth Amendment cell-site case

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Last Thursday, I participated in an excellent debate on Carpenter v. United States, the pending Fourth Amendment case on government access to historical cell-site records. I argued that accessing those records is not a "search" of the cell-phone users, while Alex Abdo (formerly of the ACLU, now of the Knight First Amendment Institute) argued that it is a "search" and requires a warrant. My friend and colleague Jeffrey Rosen, the president of the National Constitution Center, very ably moderated.

You can watch the debate here:

As regular readers know, I filed an amicus brief in the Carpenter case. You can read my brief here.