The Future of Privacy Law
Rapid technological change has led some to question whether modern Fourth Amendment doctrine appropriately protects individual privacy. This Collection considers that question across four domains: warrantless electronic surveillance, border searches, law enforcement cross-border data access, and civil litigation in the absence of a comprehensive data-protection regime.
Fourth Amendment Reasonableness After Carpenter
In Carpenter v. United States, the Supreme Court held that a warrant is required when the government collects certain categories of third-party data. This Essay argues that a categorical warrant requirement for electronic surveillance is a mistake, and that, when faced with warrantless electronic surveillance, courts should instead consider whether such surveillance is reasonable.
Customs, Immigration, and Rights: Constitutional Limits on Electronic Border Searches
This Essay traces the historical evolution of the border search exception to the Fourth Amendment to argue that CBP and ICE are currently operating outside constitutional constraints and proposes a tiered approach, restricted in scope and requiring increasing levels of protections the more invasive the search becomes.
Data Rights and Data Wrongs: Civil Litigation and the New Privacy Norms
This Essay argues that that civil litigation between private parties in the data privacy space is shaping important privacy norms. Because no comprehensive data privacy law exists in the United States, litigants must rely on doctrines that are ill suited to the legal questions raised by the mass collection of personal data.
Privacy and Security Across Borders
This Essay analyzes the impetus and results of recent initiatives by the United States, European Union, and Australia to regulate law enforcement access to data, highlights their promise and their limits, and offers a way forward that protects speech, privacy, and other rights in the process.