The Carpenter case asks whether and how we should update Fourth Amendment doctrine to accomodate technological change. This post defends the proposition that the mosaic theory (the idea that the "whole of data is greater than the sum of its parts") is technologically accurate and a good construct for thinking about these changes. Thought of properly, Carpenter still loses -- but in a different way that is more protective of individual privacy.
Privacy Paradox: Rethinking Solitude
Privacy Paradox takes an unorthodox look at the law and policy of contemporary privacy: intelligence reform, the transatlantic divide over data protection and government data collection, and the incipient international law of privacy. What does the "right to be let alone" mean in a world in which we leave digital dust wherever we go and entrust our lives to companies we know to be exploiting our data for commercial gain? Do we want those companies to stand up to government or work with it—or both?
Initial reactions to today's oral argument in Carpenter v. United States.
What does the Fourth Amendment protect?
A summary of the bill that the House Judiciary Committee passed on Nov. 8.
Orin Kerr shares his observations on Carpenter v. United States, a case concerning whether the Fourth Amendment applies to government collection of historical cell-site records.
A summary of the key provisions FISA Amendments Reauthorization Act proposed by Sen. Richard Burr, chairman of the Senate intelligence committee.
The European Commission, in its first review of the EU-U.S. Privacy Shield framework, has determined that the U.S. is in compliance. This post summarizes the EC’s findings and recommendations.
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