Scott Greenfield writes:
About a decade ago, it became clear that the Fourth Amendment framework for the physical world was going to present some problems when applied to the digital world. Some of the academics who ponder such things, like Dan Solove and Orin Kerr, tried to come up with competing theories and approaches that would produce an alternative to the two prevailing conflicts, the Katz Reasonable Expectation of Privacy Test and the Third-Party Doctrine.
In the intervening years, the Supreme Court has issued some good opinions, such as United States v. Jones and Carpenter v. United States, but hasn’t done much to address the doctrinal problem of privacy from government access in the digital age.
Read the full post on Simple Justice.