As reporter Alex Swoyer, esq. notes, Judge Kavanaugh previously indicated that bulk collection of telephone digital data would not violate the right to privacy, but his decision may no longer be good law because of the Carpenter Supreme Court decision. He also appears willing to apply Carptenter to other areas of the law. Specifically, I was quoted as follows:
But Mitchell Rubinstein, a New York-based lawyer, said the exchange between Judge Kavanaugh and Mr. Leahy was important because the nominee called the Carpenter case a “game changer.” “It appears that a Justice Kavanaugh will recognize the importance of privacy in many different areas that are likely to come up because of the explosive use of technology in this country,” he said.
Mr. Rubinstein noted that Sen. Ben Sasse, Nebraska Republican, praised Mr. Leahy’s questioning.
He said it may have been the “most striking and perhaps the most significant part” of the confirmation hearing. “There was a discussion about the past and the future and not about the political left or right,” Mr. Rubinstein said.