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Note: Home-Sharing, Ride-Sharing, And Data-Sharing: Fourth Amendment Hurdles For Local Governance Of The Sharing Economy, Matthew J. Disler

Notre Dame Journal on Emerging Technologies

Cities’ attempts to regulate the sharing economy reveal a conflict between local governance interests and Fourth Amendment doctrine. Although sharing economy industries present local problems, from housing affordability and land-use regulations to traffic congestion and sidewalk safety, cities attempt to effectuate their policies through data reporting requirements that are vulnerable to Fourth Amendment challenge. Businesses have successfully argued that cities’ reporting requirements are unconstitutional searches because they have an unreasonably broad scope and lack an opportunity for pre-compliance review. This Article argues that this impasse results from recent developments that have lent additional confusion to the Fourth Amendment’s administrative search …