I would bet that just about everyone reading this has a smartphone and, as small business owners, we rely on them to do just about everything. So imagine that you've been caught jaywalking… or you've been pulled over for a minor traffic violation. Should the cops on the scene have the right to go through your smartphone without obtaining a warrant first?
As a small business owner, I'm sure that many of you have a lot of confidential information stored on your smart phone. But even if it is not technically business related, there may be a information on your phone that would damage your brand and your ability to do business if known by the public. Personally, I've always been shocked by the sensitive, and potentially embarrassing things people will share with me via text message. Here in New York, with both the Bridgegate and Anthony Weiner scandals, we have seen how these types of information can ruin careers.
So, should we allow these types of information to simply fall into government hands without a prior warrant? Even if you say, “Hey, I have nothing to hide”, just on the principle of the matter, do you believe this falls under the Fourth Amendment (to the U.S. Constitution) protection against government searches of “persons, houses, papers, and effects” without a warrant?
Well, as the New York Times Editorial Board discusses, this is a matter that is now in front of the Supreme Court. The issue to be decided is whether your phone is like wallets, purses, address books or other similar items you can carry (which can be searched without a warrant by the cops) or if it is more like your computer (which cannot be searched without specific approval from a judge). What do you think - should your smartphone get special protection?
