Headline April 22, 2018/ ''' DIGITAL PRIVACY DANCE '''

''' DIGITAL PRIVACY DANCE '''

FOR OVER MORE THAN A DECADE, North Korea began identifying very *promising students* - at an early age, for very special training, and -

Began sending many to China's top computer science programs. Also, in the late 1990s,......  America's. Federal Bureau of Investigator's counterintelligence division noticed that North Koreans assigned to work at the United Nations were very, very -

Quietly enrolling in university computer programming courses in New York.

''The F.B.I called me and said, ''What should we do?'' said James A. Lewis, at the time  in charge of   cybersecurity at the United States Commerce Department.

''I told them, ''Don't do anything. Follow them and see what they're up to.'' The North's cyberwarfare unit gained priority after, after the 2003 invasion of Iraq by the United States.

After watching the American ''shock and awe'' campaign on CNN, Kim Jong-iI issued a warning to  his military : ''If warfare was about bullets and oil up to now,'' he told his top military commanders,  according to a prominent defector, Kim Heung-Kwang - and concluded:

''Warfare in the 21st century is about information''.
   
*Very, very true*.

But in the United States a different kind and version of the Information War, one based on rights and responsibilities began shaping up as the U.S. Supreme Court took up digital privacy.

EXPERTS IN PRIVACY LAW SAID the case, Carpenter versus United States, No-16-402, was a potential blockbuster....

And this very case that could transform privacy law in the digital era began with the armed robbery  of a Radio Shack store in Detroit, a couple of weeks before Christmas in 2010.

In the next three months eight more stores in Michigan and Ohio were robbed at gunpoint.

The robbers took bags filled with smartphones. Their own phones would help send them to prison.

Some time later, one Wednesday, the Supreme Court went on to consider whether prosecutors  violated the Fourth Amendment, which bars unreasonable searches, by collecting-

Vast amounts of data from cellphone companies  showing the movements of the man they say organized most of the robberies. Experts in privacy law said the case Carpenter versus the United States, No 16-402, was a potential blockbuster.

''Carpenter could be the most important electronic privacy case of the 21st century,'' said Jeffrey Rosen, the president of the  National Commission Center, a  nonprofit group devoted to educating the public about the Constitution.

*In a pair of recent decisions, the Supreme Court expressed discomfort with allowing unlimited government access to digital data. It limited the ability of the police to use GPS devices to track suspects movements, and it required a warrant to search cellphones.

Technology companies including Apple, Facebook and Google have filled a brief urging the  Supreme Court to continue to bring Fourth Amendment law into the modern era.

''No constitutional doctrine should presume,'' the brief said,....... ''that consumers assume the risk of warrantless government surveillance simply by using technologies that are beneficial and increasingly integrated into modern life. 

The court's decision. that was expected by this June. will apply the Fourth Amendment, drafted in the 18th century, in a world in which people's movements are continuously recorded by devices in their cars, pockets and purses, by toll plazas and by transit systems.

The courts reasoning may also apply to email and text messages, Internet searches and bank and credit card records.

''The case is hugely important in that it defines the constitutional role in a really wide range of cases,'' said Orin Kerr, a  law professor who will soon join the faculty at the University of Southern California.

The case concerns Timothy Ivory Carpenter, who witnesses said had planned the robberies, supplied guns and served as lookout, typically waiting in a stolen car across the street.

''At his signal, the robbers entered the store, brandished their guns, herded customers and employees to the back, and ordered employees the employees to fill the robbers' bags with new smartphones,'' a court decision said, summarizing the evidence against him.

In addition to presenting testimony, prosecutors relied on monthly records obtained from cellphone companies to to prove their case.

The records showed that Mr. Carpenter's phone had been nearby when several of the robberies  happened.

He was convicted and sentenced to 116 years in prison.

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