NetChoice argues entrusted data retains protection
NetChoiceTrade association, in a Supreme Court amicus brief
NetChoice argued that entrusting location data to a provider does not remove property or privacy interests.
“individuals do not lose their privacy interests just because the data is temporarily stored, with the user’s permission, with an online service provider.”
Original text
Where this statement fits
Should police access to Google Location History count as a Fourth Amendment search?
In Chatrie v. United States, the government argued that voluntarily sharing Google Location History meant police acquisition of the limited data did not trigger Fourth Amendment protection. The ACLU and NetChoice opposed that position. On June 29, 2026, the Supreme Court held that acquisition was a search. Samuel Alito dissented, distinguishing the short, optional location record from prolonged surveillance. The ruling left the warrant's reasonableness for further proceedings and did not ban every geofence warrant or decide suppression of the evidence.
Source and context
Original text
About this source
NetChoice supports privacy protection for users' location data and proposes property and bailment principles as an independent basis.
Archived copy (opens in a new tab)Before the quotation
NetChoice supports treating acquisition as a search under existing privacy doctrine.
After the quotation
The brief proposes property and bailment principles as an independent basis for protection. The Court later held that acquisition was a search, without resolving the warrant's reasonableness.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case examines the government's no-search treatment of Location History. NetChoice's brief supports the petitioner and substantively rejects that treatment, arguing that users retain constitutional interests in entrusted data. Its property argument supplies a reason for that rejection, not merely a change of terminology.
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More from this case
Read the full caseAlito says Chatrie "assumed the risk" by giving Google his location information
“So, by giving Google his location information for its own use, Chatrie assumed the risk that Google might disclose location information to others, including the police.”Read statement
DOJ argues Location History access was not a search
United States Department of Justice
“As a threshold matter, petitioner lacks a cognizable Fourth Amendment interest in the information that Google provided to law enforcement.”Read statement
ACLU rejects the government's no-search position
American Civil Liberties Union
“Letting that power go unchecked is inconsistent with basic freedoms in a democratic society.”Read statement
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The Dispute Index. "NetChoice argues entrusted data retains protection". First published: 2026-10-12. Last updated: 2026-10-12. https://disputeindex.com/events/5611-netchoice-argued-that-entrusting-location-data-to-a