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

Georgia State University College of Law; Stanford University - Stanford Law School Center for Internet and Society

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)

Georgia State University College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States
404.413.9173 (Phone)

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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