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IV. DEVELOPMENTS IN FEDERAL CONSTITUTIONAL PROTECTIONS
Pages 22-25

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From page 22... ... that tracked a cellphone's whereabouts over Both federal and state requirements should also be an extended period was an unreasonable search and seizure. considered and accounted for with respect to poten- Addressing the individual's informational privacy interest in tial data breach occurrences, particularly ones involv- this data, the Court set aside the long-established "third-party ing sensitive PII involving health-related information. Read the entire page →
From page 23... ... United data acquired and processed by government using modern States,88 the Court observed that claims of trespass as well as a technology raises the specter of persistent mass surveillance, claim of a reasonable expectation of privacy can provide a basis inconsistent with Fourth Amendment protections. The Court for Fourth Amendment challenge to government action.89 went on to conclude that, like the GPS data that raised concerns The Court went on to make a general observation regarding in Jones, the CSLI data raised similar possibilities of tracking the the effect of technology on the privacy rights originally secured whole of a person's movements such that the Court concluded by the Fourth Amendment. Read the entire page →
From page 24... ... Only an themes include: investigation of unusual importance could have justified such an expenditure of law enforcement resources. Devices like the • The danger of government data aggregation and chang- one used in the present case, however, make long-term moni ing privacy characteristics; toring relatively easy and cheap.100 • The absence of a comprehensive approach to privacy pro- The significance of this line of analysis regarding aggre tection; gated data is that while at the time of collection, information • The need for legislative protections in the face of emerg- may have had no privacy protections, or more limited privacy ing technology; and protections, additional protections may be required once data is • The changing privacy expectations in response to emerg- aggregated. Read the entire page →
From page 25... ... To date, however, Congress and most States have not enacted statutes regulating the use of GPS tracking technology for law en- horseback is materially indistinguishable from a flight to the forcement purposes.107 moon. Both are ways of getting from point A to point B, but The notion that legislatures are equipped to deal with pri- little else justifies lumping them together."113 In reaching its convacy protections were principal findings of the Court in both clusion, the Court detailed the extensive amount of information Whelan and Reporters Committee. Read the entire page →

From page 22...

... that tracked a cellphone's whereabouts over Both federal and state requirements should also be an extended period was an unreasonable search and seizure. considered and accounted for with respect to poten- Addressing the individual's informational privacy interest in tial data breach occurrences, particularly ones involv- this data, the Court set aside the long-established "third-party ing sensitive PII involving health-related information.

Read the entire page →

From page 23...

... United data acquired and processed by government using modern States,88 the Court observed that claims of trespass as well as a technology raises the specter of persistent mass surveillance, claim of a reasonable expectation of privacy can provide a basis inconsistent with Fourth Amendment protections. The Court for Fourth Amendment challenge to government action.89 went on to conclude that, like the GPS data that raised concerns The Court went on to make a general observation regarding in Jones, the CSLI data raised similar possibilities of tracking the the effect of technology on the privacy rights originally secured whole of a person's movements such that the Court concluded by the Fourth Amendment.

Read the entire page →

From page 24...

... Only an themes include: investigation of unusual importance could have justified such an expenditure of law enforcement resources. Devices like the • The danger of government data aggregation and chang- one used in the present case, however, make long-term moni ing privacy characteristics; toring relatively easy and cheap.100 • The absence of a comprehensive approach to privacy pro- The significance of this line of analysis regarding aggre tection; gated data is that while at the time of collection, information • The need for legislative protections in the face of emerg- may have had no privacy protections, or more limited privacy ing technology; and protections, additional protections may be required once data is • The changing privacy expectations in response to emerg- aggregated.

Read the entire page →

From page 25...

... To date, however, Congress and most States have not enacted statutes regulating the use of GPS tracking technology for law en- horseback is materially indistinguishable from a flight to the forcement purposes.107 moon. Both are ways of getting from point A to point B, but The notion that legislatures are equipped to deal with pri- little else justifies lumping them together."113 In reaching its convacy protections were principal findings of the Court in both clusion, the Court detailed the extensive amount of information Whelan and Reporters Committee.

Read the entire page →

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IV. DEVELOPMENTS IN FEDERAL CONSTITUTIONAL PROTECTIONS Pages 22-25

IV. DEVELOPMENTS IN FEDERAL CONSTITUTIONAL PROTECTIONS
Pages 22-25