Has Katz Become Quaint? Use of Big Data to Outflank the Fourth Amendment

Future of Privacy Forum/Stanford CIS Big Data & Privacy Workshop Proceedings, 2013

8 Pages Posted: 14 Sep 2013 Last revised: 20 Mar 2014

See all articles by Jeffrey Vagle

Jeffrey Vagle

University of Pennsylvania Law School

Date Written: September 10, 2013

Abstract

Properly applied, big data analytics can make "non-content" record data more illuminating to the analyst than content, heightening concerns over reduced Fourth Amendment protections of non-content data. Further, current interpretations of the third-party doctrine means that data collected by third party providers can be obtained by the government without dealing with Fourth Amendment protections. This essay argues that the nexus of ubiquitous computing and big data analytics has rendered existing standards of Fourth Amendment protection inadequate, and calls for a reexamination of these doctrines.

Suggested Citation

Vagle, Jeffrey, Has Katz Become Quaint? Use of Big Data to Outflank the Fourth Amendment (September 10, 2013). Future of Privacy Forum/Stanford CIS Big Data & Privacy Workshop Proceedings, 2013. Available at SSRN: https://ssrn.com/abstract=2325153

Jeffrey Vagle (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA PA 19104
United States
215.253.7890 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
73
Abstract Views
556
rank
329,018
PlumX Metrics