111 Iowa L. Rev. 2167 (2026)
 

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Abstract

The privacy pendulum is swinging in favor of greater Fourth Amendment protections after a string of recent Supreme Court cases culminating in the 2018 ruling in Carpenter v. United States. This precedent-shifting case places the Fourth Amendment in a digital privacy landscape long occupied by one player: the Stored Communications Act. The Carpenter opinion enters the field of digital privacy at a time when certain disputes, particularly those concerning the Fourth Amendment, still engulf the Stored Communications Act. This Note analyzes one of these disputes—the issuance of extraterritorial warrants in accordance with the SCA—in light of the potential for expanded Fourth Amendment protections post-Carpenter. After determining whether a risk to current precedent exists, this Note advocates for a revision to the Federal Rules of Criminal Procedure to bring a stop to litigation with potentially disastrous outcomes.

Published:
Wednesday, July 15, 2026