About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

14 J.L. & Pol'y 211 (2006)
Fourth Amendment Protection for Shared Privacy Rights in Stored Transactional Data

handle is hein.journals/jlawp14 and id is 221 raw text is: FOURTH AMENDMENT PROTECTION FOR SHARED PRIVACY RIGHTS IN STORED TRANSACTIONAL DATA Susan W. Brenner & Leo L. Clarke* INTRODUCTION We live in a world of pervasive, ubiquitous data collection and retention.! Modem computer technology permits us to acquire and retain knowledge, communicate instantly and globally, purchase goods and services, engage in hobbies, and participate in politics and cultural affairs, all in less time and with less expense than once dreamed possible. One major effect of this revolution has been a serious reduction in an individual's rights and expectations of Susan W. Brenner is the NCR Distinguished Professor of Law and Technology at the University of Dayton School of Law. Leo L. Clarke is an Associate Professor at the Thomas M. Cooley Law School. 1 The phrases ubiquitous technology and ubiquitous computing are used interchangeably to refer to technologies woven into the fabric of everyday life. See, e.g., Niall Winters, Personal Privacy and Popular Ubiquitous Technology, UBICONF (2004), http://www.uclic.ucl.ac.uk/projects/ubiconf/ materials/Papers/Niall%20Winters.pdf. Ubiquitous computing involves having computing devices essentially everywhere in the home, office or public area, as well as easy, natural ways for people to interact with them. Wireless technologies, sensors, radio frequency identification (RFID) tags and machine- to-machine communications will play a big role in this new area of computing. John Blau, German Group Studies Ubiquitous Computing, Data Privacy, NETWORK WORLD, Dec. 22, 2004, http://www.nwfusion.com/news/ 2004/1222germagroup.html. This article focuses on communicative technologies instead of, say, industrial or agricultural technologies. Its concern is with technologies that can be used to generate information, collect information and/or share information. See infra Part I. The Fourth Amendment is, of course, concerned with channeling how law enforcement finds (searches) and obtains (seizes) varieties of information. See infra Part II.A. 211

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most