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.