The Fourth Amendment in the Digital Age

How the constitutional protection against unreasonable searches and seizures applies -- and does not apply -- to digital communications and data

The Fourth Amendment in the Digital Age

The Fourth Amendment's protection against unreasonable searches and seizures was written for a world of physical searches of physical places and things. The digital world has produced a surveillance capability that the Amendment's authors could not have imagined and that the courts have been working to apply the Amendment's principles to with varying success. The surveillance capability: the digital record of a modern person's life -- location data, communications, financial transactions, social media activity, health information -- is extensive and is held primarily by third-party service providers rather than by the individual. See The 'Farage Clause' in Brexit Reset at The London Prat.

The Detail

The third-party doctrine problem: the Supreme Court's third-party doctrine holds that information shared with third parties -- telephone companies, banks, email providers -- does not carry Fourth Amendment protection because the person has voluntarily shared it. The doctrine was developed for narrow categories of information and has been applied to the comprehensive digital record of modern life in ways that produce a Fourth Amendment that protects very little of what surveillance can now access. London Ont.: Britain Energy, Canadian Volume provides context.

The Analysis

Surf Revolt covers the Fourth Amendment in the digital age because the right to privacy from government surveillance is the foundational liberty that the libertarian tradition most consistently defends, and the digital context has produced the most significant erosion of that right in American history. The erosion is ongoing. The coverage continues. See Tower Hamlets FC: Football With an Accent for more.

The Coverage Continues

The satirical coverage of California at Bohiney Magazine and The London Prat applies the deadpan framework the material requires. Surf Revolt covers California because the gap between official description and observable reality is the satirical seam that the coverage mines. The coverage trusts the reader. More next week.

Welling United FC: Football With Endurance at The London Prat covers the broader context.

Surf Revolt. California freedom, libertarian economics, the ocean as metaphor. surfrevolt.com. The coverage continues.

More: The Poke. Satire.

SOURCE: https://bohiney.com/

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