과거 기지국위치정보의 증거능력에 관한 미국 연방대법원 최근 판결례

Abstract

The U.S. Supreme Court ruled privacy issues relating historical cellphone location records in Carpenter v. United States(585 U.S. 1 (2018)). It would be evaluated as a landmark decision. The U.S, Supreme Court held that the government violated the Fourth Amendment to the United States Constitution by accessing historical records containing the physical locations of cellphones without a search warrant. It was a 5–4 decision authored by Chief Justice Roberts. The U.S. Supreme Court found that the government had constitutionally violated Mr. Carpenter’s reasonable expectation of privacy by acquiring his smartphone's historical cell site location information without a warrant. The U.S. Supreme Court ruled in favor of privacy. Prior to the U.S. Supreme Court's Carpenter decision, the U.S. government entities could obtain cellphone location records by claiming the information was required as part of an investigation. After the U.S. Supreme Court's Carpenter, the U.S. government entities must obtain a warrant in order to access the information. The U.S. Supreme Court's decision overturned portions of 20th century legislation and case law when nearly all US homes had landline phones in favor of constitutional rights stemming from technological advances of cellphones in the early 21st century. The ruling was very narrow and did not otherwise change the third-party doctrine related to other business records that might incidentally reveal location information, nor overrule prior decisions concerning conventional surveillance techniques and tools such as security cameras in the United States. The U.S. Supreme Court did not expand its ruling on other matters related to cellphones not presented in Carpenter, including real-time cell site location information. The U.S. Supreme Court's opinion also did not consider other collection techniques involving foreign affairs or national security. Korean Constitutional Court also ruled the provisions of the Acts of Protection of Communication Secrecy Protection allowing Korean government's conventional collection of historical cell site location information unconstitutional(2018. 6. 28. 2012HunMa191·550).