UNITED STATES V. ROSENOW 31
Amendment because he has a legitimate expectation of
privacy in this digital data.
7
But Carpenter is distinguishable.
8
Unlike cell-site
location, which implicates a long line of precedent
recognizing a defendant’s reasonable “expectation of
privacy in his physical location and movements,” id. at 2215,
a defendant “ha[s] no expectation of privacy in . . . IP
addresses” or basic subscriber information because internet
users “should know that this information is provided to and
used by Internet service providers for the specific purpose of
directing the routing of information,” United States. v.
Forrester, 512 F.3d 500, 510 (9th
Cir. 2008); see also United
States v. Ulbricht, 858 F.3d 71, 97 (2d Cir. 2017),
abrogation on other grounds recognized by United States v.
Zodhiates, 901 F.3d 137, 143–44 (2d Cir. 2018);
9
United
7
Rosenow also argues that he has a reasonable expectation of
privacy in his private online messages. Because we conclude that
Yahoo’s and Facebook’s searches of his messages were not
governmental action, we need not reach this issue. See Jacobsen, 466
U.S. at 113.
8
The Court in Carpenter emphasized that its holding was narrow,
limited to the specific question presented in that case. 138 S. Ct. at 2220.
We decline to broaden the application of Carpenter to the novel
circumstances presented here.
9
In Ulbricht, the Second Circuit held first that it was bound by the
broad rule that a party has no privacy interest in any information
disclosed to third parties. 858 F.3d at 96–97. That court later recognized
that the Supreme Court has abrogated that rule, in part, in Carpenter. See
Zodhiates, 901 F.3d at 143–44; United States v. Chambers, 751 F. App’x
44, 46 (2d Cir. 2018). But Ulbricht also held, in the alternative, that even
if the broad rule were abrogated in the future, the disclosure of IP
addresses does not raise privacy concerns because “no reasonable person
could maintain a privacy interest in that sort of information.” 858 F.3d
at 97. We cite Ulbricht for that holding, which still stands.