Why the Supreme Court May Finally Protect Your Privacy in the Cloud

[Commentary] When the Supreme Court ruled in the case of Riley v. California, it definitively told the government to keep its warrantless fingers off your cell phone. But as the full impact of that opinion has rippled through the privacy community, some SCOTUS-watchers say it could also signal a shift in how the Court sees the privacy of data in general -- not just when it’s stored on your physical handset, but also when it’s kept somewhere far more vulnerable: in the servers of faraway Internet and phone companies.

In the Riley decision, which dealt with the post-arrest searches of an accused drug dealer in Boston and an alleged gang member in California, the court unanimously ruled that police need a warrant to search a suspect’s phone. The 28-page opinion penned by Chief Justice John Roberts explicitly avoids addressing a larger question about what’s known as the “third-party doctrine,” the notion that any data kept by a third party such as Verizon, AT&T, Google or Microsoft is fair game for a warrantless search.

But even so, legal analysts reading between the opinion’s lines say they see evidence that the court is shifting its view on that long-stewing issue for online privacy. The results, if they’re right, could be future rulings from America’s highest court that seriously restrict both law enforcement’s and even the NSA’s abilities to siphons Americans’ data from the cloud.