Privacy in the Age of IoT Technologies: Examining the Shortcoming of the Fourth Amendment and the Third-Party Doctrine for Smart Home Users

Abstract

The Fourth Amendment gives people the right to be secure in their houses from unreasonable searches and seizures. But, as with most things, there are exceptions. For example, the third-party doctrine holds that the Fourth Amendment does not protect information that has been revealed to third parties. With the stark rise in IoT smart home technologies, law enforcement may be able to bypass the warrant requirement with the third-party doctrine and access sensitive in-home data through companies like Amazon and Google. Interestingly, the Supreme Court has repeatedly held that the home is sacred, and it is at the core of Fourth Amendment protections. Consequently, IoT smart home technologies have put Fourth Amendment jurisprudence on a collision course with the third-party doctrine.

This piece contends (as many others have) that the Fourth Amendment must stretch to protect the data generated within a smart home, thus creating an exception to the third-party doctrine. But, this piece goes further than that. Because of the vast types and complexities of IoT smart home technologies, a “bright line” test cannot fix the collision between the third-party doctrine and Fourth Amendment jurisprudence. This collision needs a nuanced solution that accounts for the many types of IoT smart home technologies.

Keywords: fourth amendment; law; privacy; emerging technology; constitution; technology