How does the opinion explain what is qualitatively different about cell-site location information (CSLI)?

Writing Assignment No. 1 Carpenter v. United States You are a young lawyer working for TravelUS, a company that provides GPS navigation assistance, a hotel and restaurant reservation platform, shopping and activity recommendations, and other related travel services. Customers can access these services via TravelUSs web site or mobile application. In the regular course of its business, TravelUS collects data on its customers, including their location when they access the site or app, when they check into or out of a hotel, their exact location when using the GPS function, and the like. TravelUSs collection of such data enables the company to better serve its customers with more tailored recommendations and responsive services. Your boss, Zeba Warren has read Carpenter v. United States, a recent United States Supreme Court decision and, as a result of her reading, is concerned about what TravelUS should do if federal or state law enforcement authorities request access to the customer data that TravelUS collects. She has asked you to draft a memorandum answering the questions that follow. Zeba reminds you that customers agree to TravelUSs terms of use (the Agreement), which allow TravelUS to collect, store, and sell the kind of data described above to advertisers. The Agreement is silent as to (1) whether the data is the property of the customer or TravelUS, (2) how long the data will be stored, and (3) TravelUSs policy on turning information over to law enforcement. Regarding the second point, TravelUS stores all the data for three years. Zeba has assigned another TravelUS lawyer to confirm her belief that there are no federal or state statutes that address the privacy of the data, to whom it belongs, or specific ways in which the government can obtain the data. For the purposes of your work, assume that there are no such federal or state statutes. Zeba asks you to answer the following questions: 1. 2. In the majority opinion, Chief Justice Roberts states that cell-site location records are qualitatively different from telephone numbers and bank records, and therefore decline[s] to extend Smith and Miller to cover these novel circumstances. Analyze whether the location and other data that TravelUS collects is more or less like CSLI. Would the majority conclude that customers have a reasonable expectation of privacy in the data that TravelUS collects? Why or why not? 1 3. In his dissenting opinion, Justice Kennedy says the majority appears . . . to read Miller and Smith to establish a balancing test. He says that this is an inaccurate reading but that, even if it were correct, CLSI records do not implicate greater privacy interests than the types of records involved in Miller and Smith. Explain his reasoning. 4. Using Justice Kennedys reasoning that you explained above, would Justice Kennedy conclude that a customers expectation of privacy in the kind of data TravelUS collects is more or less than in the records involved in Miller and Smith? 5. Justice Kennedy and Justice Gorsuch both think that the Court should not move away from a property-based analysis with respect to Fourth Amendment questions. Justice Gorsuch goes on to argue that ancient principles may help us address modern data cases too. Why does Justice Gorsuch suggest courts should examine ancient principles to determine whether data are the customers property and what does he suggest courts could examine to make the determination? General Instructions: Your memorandum must not exceed 5 pages, double-spaced, 12-point Times New Roman type, with one-inch margins. It should address ALL of the questions set forth above. You can organize your paper as either a response to each of these questions or as one comprehensive essay. . When referencing or citing to cases other than Carpenter, you can use the case name without further citation. When referencing the Carpenter opinions, you can refer to them as follows: Majority Opinion, Dissenting Opinion of Justice xxx. Once you cite a source, you may refer to it again by a shortened version of the name. Use end notes rather than footnotes or in-text citations. The page or pages of end notes will not count against the five-page limit.

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