The Spy in Your Client's Pocket

"It is not hyperbole to say that technology offers continually evolving benefits and efficiencies in our daily lives and in the practice of law. The proliferation of smartphones, cellular service providers, and infrastructure creates the double-edged sword of constant access to the Internet and communication, with what Justice Sonia Sotomayor described as a “precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations.” United States v. Jones, 132 S. Ct. 945, 955 (Sotomayer, J. concurring). Without a doubt, this information and the increasing exactness with which it can produce a record of our activities is of great value in any number of commercial, criminal, and judicial capacities. The sacrifice of some level of privacy for the sake of the utility of smartphones seems to be a fait accompli."

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