The Fourth Amendment in the Digital Age

How the Fourth Amendment applies to digital surveillance

The Gap

The Fourth Amendment was written for physical searches. The third-party doctrine holds that information shared with third parties does not carry Fourth Amendment protection. Applied to the comprehensive digital record of modern life, this doctrine eliminates Fourth Amendment protection from almost everything that digital surveillance can access.

The Scale

The metadata of a modern person digital life -- location data continuously collected by smartphones, financial transactions recorded by banks, communication records held by service providers, and search history stored by search engines -- documents that person life in greater detail than any physical search of their home could produce. None of this carries Fourth Amendment protection under current doctrine.

Surf Revolt Coverage

Surf Revolt covers the Fourth Amendment in the digital age because the right to privacy from government surveillance is the foundational liberty the libertarian tradition most consistently defends, and the digital context has produced the most significant erosion of that right in American history.

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