Where Are Courts Headed With Digital Privacy?

Adam Lamparello and Charles E. MacLean (Indiana Tech – Law School and Indiana Tech Law School) have posted Riley v. California: The New Katz or Chimel? (Richmond Journal of Law and Technology, 2014 Forthcoming) on SSRN.

Here is the abstract:

Justice Brandeis forecasted that “[t]he progress of science in furnishing the Government with means of espionage is not likely to stop with wiretapping.” In the law enforcement and government surveillance context, technological advances have made it possible to store an individual’s DNA in a national database, and have made it nearly impossible for that same individual to send an email, download a YouTube video, or transmit a text message without knowing that the government might be watching — without having the slightest degree of suspicion of criminal behavior. In any society that values basic civil liberties, such practices are intolerable — and unconstitutional. In Riley, the Court correctly held that, if privacy is to mean anything, it should protect individuals from being monitored without their consent, without a reason, and without a warrant. It is the beginning of principled change and enhanced protections for civil liberties in the digital age.

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