No. 19-1142

Kendall R. Carter v. United States

Lower Court: Sixth Circuit
Docketed: 2020-03-18
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment administrative-subpoena carpenter-v-united-states civil-rights due-process fourth-amendment internet-privacy internet-subscriber-information ip-address privacy privacy-interest subpoena third-party-doctrine warrant-requirement
Key Terms:
FourthAmendment Privacy
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether the Fourth Amendment warrant requirement protects a right to privacy in an internet protocol (IP) address and internet subscriber information

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the Fourth Amendment warrant requirement guarantee protects a right to privacy in an internet protocol (“IP”) address! and internet subscriber information to require federal agents investigating the electronic transmission of child pornography when agents acquired this information which revealed Carter’s identity and address through federal administrative subpoenas? issued to a multi-media messaging service as well as a Tennessee-based internet service provider. In light of Carpenter v. United States, 138 S. Ct. 2206 (2018), and the unique privacy interests at stake in this case, does the Fourth Amendment protect such IP address and internet subscriber information without application of the third-party doctrine? 1 IP address: Residential internet customers typically connect to the internet through an internet service provider (“ISP”). Each time a customer connects, the ISP assigns a unique identifier, known as an IP address, to the customer’s computer terminal. Depending on the ISP, a customer’s IP address can change. IP addresses are conveyed to web sites that an internet user visits, and administrators of web sites can see the IP addresses of visitors to their sites. However, site administrators do not possess information linking a given IP address to a particular person. That information is held by the ISPs. See United States v. Christie, 624 F.3d 558, 563 (3d Cir. 2010). 2 Administrative subpoena: (Sometimes known as a “desk subpoena.”) This is a written request for information by law enforcement officers that does not require the actions of a grand jury or a judge. If law enforcement officers have probable cause, they can also obtain information using a grand jury subpoena, a search warrant issued by a judge, or a court order.

Docket Entries

2020-04-20
Petition DENIED.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2020-03-23
Waiver of right of respondent United States to respond filed.
2020-03-16
Petition for a writ of certiorari filed. (Response due April 17, 2020)
2020-01-26
Application (19A796) granted by Justice Sotomayor extending the time to file until March 16, 2020.
2020-01-13
Application (19A796) to extend the time to file a petition for a writ of certiorari from February 19, 2020 to March 14, 2020, submitted to Justice Sotomayor.

Attorneys

Kendall Carter
Peter J. StrianseTune, Entrekin & White, Petitioner
Peter J. StrianseTune, Entrekin & White, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent