Big Data Distortions: Exploring the Limits of the ABA LEATPR Standards

44 Pages Posted: 27 Aug 2014

See all articles by Andrew Guthrie Ferguson

Andrew Guthrie Ferguson

American University Washington College of Law; University of the District of Columbia - David A. Clarke School of Law

Date Written: November 15, 2013

Abstract

This article examines the American Bar Associations’ Standards for Criminal Justice proposed Law Enforcement Access to Third Party Records (LEATPR). The article was written to be part of an Oklahoma Law Review Symposium on the subject of the LEATPR Standards. The article explores how the ABA LEATPR Standards can survive the impact of big data policing. Big data policing, as described here, involves utilizing vast, networked databases to investigate and also predict criminal activity. Big data policing involves the use of not just third party, but "fourth party" commercial aggregators as well as de-identified data sets, that eventually can be re-identified. Without doubt, the LEATPR standards acknowledge these issues, and arguably cover them, but as set forth in this article, big data distorts the traditional Fourth Amendment analysis and, thus, the LEATPR standards may require a few modifications to be useful in the future.

Keywords: big data, fourth amendment, ABA, law enforcement standards, third party doctrine, LEATPR

Suggested Citation

Ferguson, Andrew Guthrie, Big Data Distortions: Exploring the Limits of the ABA LEATPR Standards (November 15, 2013). 66 Oklahoma Law Review 831 (2014). Available at SSRN: https://ssrn.com/abstract=2487305

Andrew Guthrie Ferguson (Contact Author)

American University Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

University of the District of Columbia - David A. Clarke School of Law ( email )

4200 Connecticut Ave. NW
Washington, DC 20008
United States

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