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Privacy Paradox

In Defense of the Mosaic Theory

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.

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