PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Katz v. United States and the Popularization of the Phrase “Reasonable Expectation of Privacy”

Posted on September 15, 2012 by pogowasright.org

Over on Concurring Opinions, Kyle Graham has posted an interesting analysis of how the phrase “reasonable expectation of privacy” (REP) has been popularized since Katz v. United States. Specifically, Graham tabulated the number of cases in Westlaw ALLCASES that cited Katz through 2009 and looked at what percentage of them included the phrase “reasonable expectation of privacy.”

Somewhat curiously, the findings depict a nonmonotonic trend over the years, with a recent decline in the relative use of the phrase even though Katz continues to be cited frequently. In 2009, for example, Katz was cited in 392 cases – more than any previous year in the sample – but REP was cited in less than 40% of those instances, whereas in the 1980’s, over half the cases citing Katz mentioned REP.

You can read Kyle’s analysis and the comments on it here.

As to what it all means, well, I don’t think there’s any conclusion we can draw from the data at this point, but it is curious, to say the least.

Category: Court

Post navigation

← Twitter to surrender Occupy protester’s tweets – lawyer
How are the courts defining “probable cause?” →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Google agrees to pay Texas $1.4 billion data privacy settlement
  • The App Store Freedom Act Compromises User Privacy To Punish Big Tech
  • Florida bill requiring encryption backdoors for social media accounts has failed
  • Apple Siri Eavesdropping Payout Deadline Confirmed—How To Make A Claim
  • Privacy matters to Canadians – Privacy Commissioner of Canada marks Privacy Awareness Week with release of latest survey results
  • Missouri Clinic Must Give State AG Minor Trans Care Information
  • Georgia hospital defeats data-tracking lawsuit

RSS Recent Posts on DataBreaches.net

  • Masimo Manufacturing Facilities Hit by Cyberattack
  • Education giant Pearson hit by cyberattack exposing customer data
  • Star Health hacker claims sending bullets, threats to top executives: Reports
  • Nova Scotia Power hit by cyberattack, critical infrastructure targeted, no outages reported
  • Georgia hospital defeats data-tracking lawsuit
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy