The cell phones we carry with us constantly are the most perfect surveillance device ever invented, and our laws haven’t caught up to that reality.
Traditionally, information that was most precious to us was physically close to us. It was on our bodies, in our homes and offices, in our cars. Because of that, the courts gave that information extra protections. Information that we stored far away from us, or gave to other people, afforded fewer protections. … The Internet has turned that thinking upside-down. … all our data is literally stored on computers belonging to other people. It’s our e-mail, text messages, photos, Google docs, and more all in the cloud. We store it there not because it’s unimportant, but precisely because it is important.
The issue here is not whether the police should be allowed to use that data to help solve crimes. Of course they should. The issue is whether that information should be protected by the warrant process that requires the police to have probable cause to investigate you and get approval by a court.