[quote] “The Supreme Court can’t answer these questions in the nuanced way that’s needed,” said Jennifer Daskal, an American University law professor.

The technology companies wield enormous power, perhaps more than governments do, in shaping the scope of digital age privacy rights, Daskal said.

The companies decide “what to retain, where to keep it, for how long, and whether to encrypt it,” she said. And when governments produce court orders for customers’ information, it’s the companies’ call about “when to comply and when to resist,” Daskal said.