Wednesday, June 22, 2011

Pulling plug on privacy; How technology helped make the 4th Amendment obsolete

Pulling plug on privacy; How technology helped make the 4th Amendment obsolete:

"So why haven’t you heard about it?

Because you’re the murderer. We all are. Our weapon of choice? Most recently, the smartphone, which, with our collective blessing, allows law enforcement to monitor our real-time geographic location. Although a bill recently proposed by Sen. Ron Wyden, D-Ore., would require police to obtain a warrant before turning our cellphones into tracking devices, such legislation may come too late to save the Fourth Amendment from this fatal blow.

It started with the supermarket loyalty programs. They seemed innocuous enough — you just scribble down your name, number and address in exchange for a plastic card and a discount on Oreos. The problem, at least constitutionally speaking, is that the Fourth Amendment protects only what we reasonably expect to keep private. One facet of this rule, known as the third party doctrine, is that we don’t have reasonable expectations of privacy in things we’ve already revealed to other people or the public.

You would, for example, have a reasonable expectation of privacy for a photograph on your nightstand meaning the police would need probable cause and a warrant before taking a peek. But you lose that expectation of privacy when you tack the souvenir photo from Foamhenge on the office bulletin board to make co-workers envious."

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