Brief filed: 11/05/2015
Documents
United States v. Moalin
9th Circuit Court of Appeals; Case No. 13-50572
Prior Decision
On appeal from the U.S. Dist. Ct., S.D. Cal., No. 10-cr-4246, decision below 2013 WL 6079518 (Nov. 18, 2013).
Argument(s)
The government is systematically collecting records of phone calls, text messages, e-mails, and other digital communications. Communications metadata is Fourth Amendment "Papers." Communications metadata is revealing, even in limited quantities. Metadata is especially revealing in aggregate. The third-party doctrine is ill-suited to the digital age. The "assumption of risk" equation has changes. The distinction between content and metadata is not sound.
Author(s)
Michael Price and Faiza Patel, Brennan Center for Justice, New York, NY; David Porter, Sacramento, CA.
