In an age when people\u2019s lives are constantly tracked, recorded, analyzed, and shared by private parties, the Third-Party Doctrine, which holds that \u201cinformation knowingly exposed to private
\nparties is unprotected by the Fourth Amendment,\u201d now threatens to swallow whole the privacy guaranteed by the Fourth Amendment. This Article suggests courts adopt the Klayman v.
\nObama approach and hold that the Fourth Amendment\u2019s protections apply to government acquisitions of Big Data. More specifically, courts should follow Justice Samuel Alito\u2019s reasoning
\nin United States v. Jones to hold that government acquisitions of Big Data are searches subject to the reasonableness requirements of the Fourth Amendment. Surely, if the government\u2019s collection of a person\u2019s GPS data in Jones was intrusive enough to constitute a search, then so too should government acquisitions of Big Data. Though such a holding would leave unresolved many important questions, it would be a significant first step that would bring the Fourth Amendment into the twenty-first century and enable the next generation of Americans to conduct their lives without fear of unreasonable government searches and seizures of their data.<\/p>\n","protected":false},"excerpt":{"rendered":"
In an age when people\u2019s lives are constantly tracked, recorded, analyzed, and shared by private parties, the Third-Party Doctrine, which holds that \u201cinformation knowingly exposed to private parties is unprotected by the Fourth Amendment,\u201d now threatens to swallow whole the privacy guaranteed by the Fourth Amendment. This Article suggests courts adopt the Klayman v. Obama …<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[5,62,65],"tags":[],"_links":{"self":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/3273"}],"collection":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/comments?post=3273"}],"version-history":[{"count":1,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/3273\/revisions"}],"predecessor-version":[{"id":7391,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/3273\/revisions\/7391"}],"wp:attachment":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media?parent=3273"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/categories?post=3273"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/tags?post=3273"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}