Posts about the Fourth Amendment by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
By Daniel J. Solove Next year, there will be a milestone birthday for the Electronic Communications Privacy Act (ECPA) – the primary federal law that regulates how the government and private parties can monitor people’s Internet use, wiretap their communications, peruse their email, gain access to their files, and much more. This is no ordinary […]
by Daniel J. Solove Today, the U.S. Supreme Court handed down a decision on two cases involving the police searching cell phones incident to arrest. The Court held 9-0 in an opinion written by Chief Justice Roberts that the Fourth Amendment requires a warrant to search a cell phone even after a person is placed […]
I must respectfully disagree with a recent post by Renee Hutchins on our blog [link no longer available] about the recent U.S. Supreme Court case, United States v. Jones. She concludes:
The Supreme Court has long held that there is no expectation of privacy in public for the purposes of the Fourth Amendment. Because the Fourth Amendment turns on the existence of a reasonable expectation of privacy, the Court’s logic means that the Fourth Amendment provides no protection to surveillance in public. In United States v. Jones, the […]
In United States v. Jones, FBI agents installed a GPS tracking device on Jones’ car and monitored where he drove for a month without a warrant. Jones challenged the warrantless GPS surveillance as a violation of the Fourth Amendment. The D.C. Circuit agreed with Jones.
I just posted my new forthcoming essay on SSRN called Fourth Amendment Pragmatism, 51 Boston College Law Review __ (forthcoming 2010). Here’s the abstract:
I’m pleased to announce the publication of my new book, NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY (Yale University Press, May 2011). Here’s the book jacket description:
I just uploaded the final published version of my essay, Fourth Amendment Pragmatism, 51 B.C. L. Rev. 1511 (2010) to SSRN. Here’s the abstract:
I blogged about City of Ontario v. Quon a few days ago, and I want to raise another important issue in the case, one my colleague Orin Kerr has astutely pointed out. The case is on appeal to the U.S. Supreme from the 9th Circuit: Quon v. Arch Wireless Operating Co., Inc., 529 F.3d 892 […]
The Supreme Court will soon hear arguments in City of Ontario v. Quon, an important Fourth Amendment case involving the privacy of electronic communications in the workplace.