BACK TO KATZ: REASONABLE EXPECTATION OF PRIVACY IN THE FACEBOOK AGE

Part I of this Note discusses the evolution of Fourth Amendment jurisprudence in reaction to advancing technology, the Supreme Court and circuit courts’ disposition in dealing with electronic “beeper” tracking (the technology that predated GPS), and the legal doctrine governing the government’s use of cellular phones to conduct surveillance of individuals both retroactively and in real-time. Part II examines the developing split among the federal circuits and state courts over whether GPS surveillance of vehicles constitutes a search, as well as the parallel concerns raised in recent published opinions by magistrate judges as to whether government requests for cell-site information from third party service providers require a warrant. Part III of this Note argues for the adoption of a rule that GPS surveillance constitutes a search and seizure and should require a warrant because the privacy expectation—that the government is not tracking its citizens twenty-four hours per day—is still one that society considers legitimate. It also argues that increasing public use or consent to third party use of GPS technology does not destroy an individual’s reasonable expectation of privacy in his movements, nor indicate that society no longer views these expectations as reasonable. In fact, increased public awareness of recent technological invasions of privacy may be producing an increased demand for control over information

The Fourth Amendment in the Twenty-First Century: Technology, Privacy, and Human Emotions

Police and local political officials in Tampa FL argued that the FaceIt system promotes safety, but privacy advocates objected to the city\u27s recording or utilizing facial images without the victims\u27 consent, some staging protests against the FaceIt system. Privacy objects seem to be far more widely shared than this small protest might suggest

Playpen, the NIT, and Rule 41(b): Electronic “Searches” for Those Who Do Not Wish to be Found

In 2015, the FBI executed a massive online sting to catch users of child pornography websites using a special program, the Network Investigative Technique (NIT). One search warrant issued from a magistrate in Virginia allowed the FBI to deploy computer code on suspect computers across the nation. This article examines the differing federal circuit analysis regarding whether the Virginia magistrate had jurisdiction before and after the recent amendment to the Federal Rules of Criminal Procedure and if using the NIT over the internet even counts as a search under the Fourth Amendment

Internet Giants as Quasi-Governmental Actors and the Limits of Contractual Consent

Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put and the entities – including the federal government – with whom their information would be shared. We also call into question the distinction between governmental actors and private actors in this realm, as the Internet giants increasingly exploit contractual mechanisms to operate with quasi-governmental powers in their relations with consumers. As regulators and policymakers focus on how to better protect consumer data, we propose that solutions that rely upon consumer permission adopt a more exacting and limited concept of the consent required before private entities may collect or make use of consumer’s information where such uses touch upon privacy interests

The Fourth Amendment in the Twenty-First Century: Technology, Privacy, and Human Emotions

Police and local political officials in Tampa FL argued that the FaceIt system promotes safety, but privacy advocates objected to the city\u27s recording or utilizing facial images without the victims\u27 consent, some staging protests against the FaceIt system. Privacy objects seem to be far more widely shared than this small protest might suggest

Evaluating the Contextual Integrity of Privacy Regulation: Parents' IoT Toy Privacy Norms Versus COPPA

Increased concern about data privacy has prompted new and updated data protection regulations worldwide. However, there has been no rigorous way to test whether the practices mandated by these regulations actually align with the privacy norms of affected populations. Here, we demonstrate that surveys based on the theory of contextual integrity provide a quantifiable and scalable method for measuring the conformity of specific regulatory provisions to privacy norms. We apply this method to the U.S. Children's Online Privacy Protection Act (COPPA), surveying 195 parents and providing the first data that COPPA's mandates generally align with parents' privacy expectations for Internet-connected "smart" children's toys. Nevertheless, variations in the acceptability of data collection across specific smart toys, information types, parent ages, and other conditions emphasize the importance of detailed contextual factors to privacy norms, which may not be adequately captured by COPPA.Comment: 18 pages, 1 table, 4 figures, 2 appendice