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Articles 1 - 10 of 10
Full-Text Articles in Privacy Law
The Automated Fourth Amendment, Maneka Sinha
The Automated Fourth Amendment, Maneka Sinha
Faculty Scholarship
Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible. Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …
Cell Phones And The Border Search Exception: Circuits Split Over The Line Between Sovereignty And Privacy, Gina R. Bohannon
Cell Phones And The Border Search Exception: Circuits Split Over The Line Between Sovereignty And Privacy, Gina R. Bohannon
Maryland Law Review
No abstract provided.
Automated License Plate Readers: The Difficult Balance Of Solving Crime And Protecting Individual Privacy, Lauren Fash
Automated License Plate Readers: The Difficult Balance Of Solving Crime And Protecting Individual Privacy, Lauren Fash
Maryland Law Review Online
No abstract provided.
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker
Maryland Law Review
No abstract provided.
When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck
When Enough Is Enough: Location Tracking, Mosaic Theory, And Machine Learning, Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck
Faculty Scholarship
Since 1967, when it decided Katz v. United States, the Supreme Court has tied the right to be free of unwanted government scrutiny to the concept of reasonable xpectations of privacy.[1] An evaluation of reasonable expectations depends, among other factors, upon an assessment of the intrusiveness of government action. When making such assessment historically the Court has considered police conduct with clear temporal, geographic, or substantive limits. However, in an era where new technologies permit the storage and compilation of vast amounts of personal data, things are becoming more complicated. A school of thought known as “mosaic theory” …
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
No abstract provided.
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
Faculty Scholarship
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and …
The Right To Quantitative Privacy, David C. Gray, Danielle Keats Citron
The Right To Quantitative Privacy, David C. Gray, Danielle Keats Citron
Faculty Scholarship
We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all without serious consideration of the constitutional issues that these technologies raise. In United States v. Jones, the Supreme Court signaled an end to its silent acquiescence in this expanding surveillance state. In that case, five justices signed concurring opinions defending a revolutionary proposition: that citizens have Fourth Amendment interests in substantial quantities of …
The Evolving Fourth Amendment: United States V. Jones, The Information Cloud, And The Right To Exclude, Ber-An Pan
The Evolving Fourth Amendment: United States V. Jones, The Information Cloud, And The Right To Exclude, Ber-An Pan
Maryland Law Review
No abstract provided.
Fighting Cybercrime After United States V. Jones, David C. Gray, Danielle Keats Citron, Liz Clark Rinehart
Fighting Cybercrime After United States V. Jones, David C. Gray, Danielle Keats Citron, Liz Clark Rinehart
Faculty Scholarship
In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus …