Abstract

https://ssrn.com/abstract=2302861
 


 



Fighting Cyber-Crime After United States v. Jones


David C. Gray


University of Maryland Francis King Carey School of Law

Danielle Keats Citron


University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project; Stanford Law School Center for Internet and Society

Liz Clark Rinehart


University of Maryland Francis King Carey School of Law

July 29, 2013

Journal of Criminal Law and Criminology, Vol. 103, No. 3, 2013
U of Maryland Legal Studies Research Paper No. 2013-49

Abstract:     
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 on the technologies that make collecting and aggregating large quantities of information possible. In those efforts, we focused on reasonable expectations held by “the people” that they will not be subjected to broad and indiscriminate surveillance. These expectations are anchored in Founding-era concerns about the capacity for unfettered search powers to promote an authoritarian surveillance state. Although we also readily acknowledged that there are legitimate and competing governmental and law enforcement interests at stake in the deployment and use of surveillance technologies that implicate reasonable interests in quantitative privacy, we did little more. In this Article, we begin to address that omission by focusing on the legitimate governmental and law enforcement interests at stake in preventing, detecting, and prosecuting cyber-harassment and healthcare fraud.

Number of Pages in PDF File: 60

Keywords: Fourth Amendment, privacy, United States v. Jones

JEL Classification: K10, K14


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Date posted: July 30, 2013 ; Last revised: March 29, 2014

Suggested Citation

Gray, David C. and Citron, Danielle Keats and Rinehart, Liz Clark, Fighting Cyber-Crime After United States v. Jones (July 29, 2013). Journal of Criminal Law and Criminology, Vol. 103, No. 3, 2013; U of Maryland Legal Studies Research Paper No. 2013-49. Available at SSRN: https://ssrn.com/abstract=2302861

Contact Information

David C. Gray (Contact Author)
University of Maryland Francis King Carey School of Law ( email )
500 West Baltimore Street
Baltimore, MD 21201-1786
United States
HOME PAGE: http://www.law.umaryland.edu/faculty/profiles/faculty.html?facultynum=598
Danielle Keats Citron
University of Maryland Francis King Carey School of Law ( email )
500 West Baltimore Street
Baltimore, MD 21201-1786
United States
Yale University - Yale Information Society Project
127 Wall Street
New Haven, CT 06511
United States
Stanford Law School Center for Internet and Society
Palo Alto, CA
United States

Liz Clark Rinehart
University of Maryland Francis King Carey School of Law ( email )
500 West Baltimore Street
Baltimore, MD 21201-1786
United States
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