

Supreme Court Strikes Down Warrantless Searches of Hotel Records - DiabloD3
https://www.eff.org/deeplinks/2015/06/supreme-court-strikes-down-warrantless-searches-hotel-records-reaffirms-fourth

======
lsiebert
This headline isn't true. They still allow warrantless searches, and there
will still be such searches.

This information can be obtained by an administrative subpoena (See an example
of one at [http://www.docstoc.com/docs/79005165/Administrative-
Subpoena](http://www.docstoc.com/docs/79005165/Administrative-Subpoena),
notice they aren't required to list reasons such a subpoena would be invalid)
or a police request, it's just that the hotel can choose to have a judge
review the decision, and attempt to quash the subpoena.

What the supreme court said is that you can't arrest the hotel employee/owner
for not handing over the information immediately, which was part of the LA
law.

Good Coverage here: [http://www.scotusblog.com/2015/06/opinion-analysis-an-
opport...](http://www.scotusblog.com/2015/06/opinion-analysis-an-opportunity-
for-precompliance-review-is-constitutionally-required-for-most-government-
inspection-programs/#more-229405)

~~~
vaadu
"What the supreme court said is that you can't arrest the hotel employee/owner
for not handing over the information immediately, which was part of the LA
law."

Didn't compliance also require a valid ID from whoever was checking in? This
decision permits an anonymous(cash) business transaction.

~~~
imroot
Which is really interesting -- if you are a top tier Hilton member
(Gold/Diamond), the front desk folks are not even allowed to ask for your ID
or credit card (as long as you have a CC stored in your Hilton HHonors
profile).

What do you do if your profile is compromised?

~~~
saryant
Huh? I have HHonors Gold and I can't think of a single instance when I haven't
been asked for an ID and credit card.

What would they do in countries that require hotels to scan ID?

~~~
imroot
If you're in the US and that is happening, it's a "Brand Standards" violation:
the hotel can start losing reservations from Hilton if they are a franchise,
and the employee can get disciplined if they are a corporate property. The
next time that it happens, call the HHonors helpdesk and complain...and
they'll usually comp you 1000 HHonors points and send you on your way after
sending the hotel a nastygram.

This is something that just started happening in March...so, it's also
possible that some hotels just don't have a clue yet, but honestly, there's no
excuse if you have a reservation with your hhonors number on the profile.

~~~
saryant
Ah, I didn't realize it was new. All my domestic stays have been at Hyatt this
year.

------
coldcode
Yet the FBI can issue an NSL and get the same information without the
opportunity for judicial (from a real court, not the monkey one) review. We
have a strange two faced system in the US.

~~~
a3n
Law enforcement routes around the "damage" caused by the Constitution.

