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21 Yale J.L. & Tech. 1 (2019)

handle is hein.journals/yjolt21 and id is 1 raw text is: Objects, Places and Cyber-Spaces Post-Carpenter Extending The Third-Party Doctrine Beyond CSLI: A Consideration of IoT and DNA Eunice Park* 21 YALE J.L. & TECH. 1 (2019) At the November 2017 oral arguments in the case Carpenter v. United States, Justice Sotomayor commented that many individuals even carry their cell phones into their beds and public restrooms: It's an appendage now for some people. I On June 22, 2018, in a 5-4 opinion written by Chief Justice Roberts and joined by Justices Ginsberg, Breyer, Sotomayor, and Kagan, the Supreme Court held that the government will generally need a warrant to access cell-site location information (CSLI).2 Ostensibly, Carpenter is only about CSLI, and the language of the decision carefully limits its applica- tion. However, the Court's reasoning behind why the third-party doctrine should not apply is broadly applicable: the information was involuntarily exposed, incidental to merely having a cell phone, which is an item necessary for functioning in modern society.3 In- deed, technology's constant forward march leads one to wonder, what privacy issue awaits around the next corner? What technolog- ical innovation will pose yet another Fourth Amendment challenge? Our cell phones commonly have health apps that monitor our activ- ity, sleep, mindfulness, and nutrition.4 Internet of Things (IoT) de- * Associate Professor of Lawyering Skills, Western State College of Law. A spe- cial thank you to Western State College of Law Librarian Scott Frey for his inval- uable research assistance; Professor Emeritus Neil Gotanda for his cogent in- sights; and the editors of the Yale Journal of Law and Technology, particularly Kelsey Stimson, Phil Yao and Adam Pan, for their thoughtful suggestions. The views expressed in this article are my own. I am grateful always to my parents, husband and children. I dedicate this article to my mom, Kyung S. Park, and to the memory of my dad, Jong M. Park. 1 Greg Stohr, Supreme Court Justices Hint at More Digital-Privacy Protections, BLOOMBERG NEWS (Nov. 29, 2017), https://www.bloomberg.com/news/arti- cles/20 17-11 -29/supreme-court-justices-hint-at-new-digital-privacy-protections. 2 Carpenter v. United States, 138 S. Ct. 2206 (2018). 3 Id. at 2220. 4 APPLE, https://www.apple.com/ios/health; see also Nadine Bol, Natali Hel- berger & Julia C. M. Weert, Differences in Mobile Health App Use: A Source of New Digital Inequalities?, 34 INFO. SOc'Y 183, 183 (2018),

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