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Move. who should have access to that data? what about law enforcement? should it require a warrant? sure, it's about the changing scope of the fourth amendment in a digital age but a case before the supreme court tomorrow could go far to change privacy expectations for all of us whose smart phone is like a third hand. nbc's justice correspondent pete williams joins me now with more on that. and danny cevellao, msnbc legal analyst, is also here. pete, walk us through how we got here. what was the impetus of the case? >> it was the fbi gathering cell phone data to try to solve a string of burgla...

On, that this is going to be a disaster for republicans? they can't get their act together. >> no. no. look, i think at the end of the day we're the progoing to party, the party of upward mobile and. these are new issues we're facing for the first time. terrorists didn't use cell phones 25 years ago. this is a new issue and it's difficult sometimes to balance the privacy expectations of americans with the reality that the federal government has a very significant obligation to provide for security. and so i think this is an important debate to health people bring strong feelings. i don't think...

In our name, the expansion of our defense budget, expansion of national security state and the changes in our privacy expectations that you would have expected, i think, in a less politically polarized environment. frankly, i think this has been good for the fact that the nsa is saying, okay, we are going to declassify some of the things that absolutely should not have been classified. as long as we're still spending 20 minutes having a conversation about this, i think we are better off than we had been before these leaks. >> the other thing, michael, is in some ways wikileaks has been a conve...

Marco rubio, who, like those other two gentlemen, is often mentioned as a potential presidential candidate himself. so, senator, i quickly inserted you in thissing -- this little fight. what do you make of it? much ado about nothing or does the party have a problem? >> it's an interesting dynamic that's playing out and i'll let them figure that out. it's an important debate. the answer to the question is, we have to do both. we have to protect not just privacy rights but privacy expectations and i understand -- we have a government that is targeting people, irs is targeting americans. of cours...