Law Commons^™

The United States: Big Data, Little Regulation, Megan Valent

University of Miami Business Law Review

In the United States today, there is no single law to address the privacy concerns associated with the collection of consumer data. Lawmakers have introduced policies that seek to address data privacy at the federal level, but Congress has not yet acted to create a comprehensive law to protect consumers. On the contrary, in 2016, the European Union passed its General Data Protection Regulation to address the dangers associated with “Big Data” and to give consumers control over their data.

Unfortunately, in the United States consumers are often unaware of how their data is being handled and what is done …

Smart Homes: The Next Fourth Amendment Frontier, Christina A. Robinson

University of Miami Race & Social Justice Law Review

Under the third-party search doctrine, an individual does not have a reasonable expectation of privacy in information he or she voluntarily discloses to third parties. “Always on” in-home technology creates recordings of unsuspecting consumers in their most intimate spaces and sends them to third party companies and their affiliates, which makes this information subject to warrantless search by law enforcement under the third- search doctrine. The third-party search doctrine is ill-suited to the digital age, where consumers are routinely required to volunteer information to third parties in order to access digital content. This Note suggests that a warrant should be …