Kendall R. Carter v. United States

Whether the Fourth Amendment warrant requirement guarantee protects a right to privacy in an internet protocol (“IP”) address1 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 subpoenas2 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.