I am now offering the full text of my book The Digital Person: Technology and Privacy in the Information Age (NYU Press 2004) online for FREE download.
The Digital Person: Technology and Privacy in the Information Age
Category: Fourth Amendment
Posts about the Fourth Amendment by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
Without Scalia, Will There Be a 4th Amendment Revolution?
The passing of Justice Antonin Scalia has brought a wave of speculation about current and future U.S. Supreme Court cases. One area where there might be a significant impact will be the 4th Amendment, which provides the primary constitutional protection against government surveillance and information gathering. A new justice could usher in a dramatic expansion […]
Privacy Need Not Be Sacrificed for Security
I’ve long been saying that privacy need not be sacrificed for security, and it makes me delighted to see that public attitudes are aligning with this view. A Pew survey revealed that a “majority of Americans (54%) disapprove of the U.S. government’s collection of telephone and internet data as part of anti-terrorism efforts.” The anti-NSA […]
Modernizing Electronic Surveillance Law
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 […]
Does the U.S. Supreme Court’s Decision on the 4th Amendment and Cell Phones Signal Future Changes to the Third Party Doctrine?
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 […]
The Potentially Profound Implications of United States v. Jones
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:
United States v. Jones and GPS Surveillance
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 […]
GPS Surveillance and the Fourth Amendment: Thoughts on United States v. Jones
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.
Fourth Amendment Pragmatism Article Now Available
I just posted my new forthcoming essay on SSRN called Fourth Amendment Pragmatism, 51 Boston College Law Review __ (forthcoming 2010). Here’s the abstract:
Nothing to Hide: The False Tradeoff Between Privacy and Security
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: