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103 J. Crim. L. & Criminology 745 (2013)
Fighting Cybercrime after United States v. Jones

handle is hein.journals/jclc103 and id is 775 raw text is: 0091-4169/13/10303-0745 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY VoL 103, No. 3 Copyright C 2013 by David Gray, Danielle Keats Citron & Liz Clark Rinehart Printed in US.A. FIGHTING CYBERCRIME AFTER UNITED STATES V. JONES DAVID GRAY,* DANIELLE KEATS CITRON** & LIZ CLARK RINEHART** In a landmark nondecision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this mosaic theory and by proposing that courts focus on the technologies that make collecting and aggregating large quantities of information possible. In those efforts, we focused on reasonable expectations held by the people that they will not be subjected to broad and indiscriminate surveillance. These expectations are anchored in * Associate Professor, University of Maryland Francis King Carey School of Law. Lois K. Macht Research Professor of Law, University of Maryland Francis King Carey School of Law; Affiliate Scholar, Stanford Center on Internet and Society; Affiliate Fellow, Yale Information Society Project. ** University of Maryland Francis King Carey School of Law. The authors thank everyone who has generously commented on this work during presentations at Yale's Information Society Project, the Annual Meeting of the ABA/AALS Criminal Law Section, the University of North Carolina, Northwestern, Law and Society, and Yale's Conference on Locational Privacy and Biometrics, and during conversations at the Privacy Law Scholars Conference, the American Law Institute Meeting on Information Privacy Law, and Harvard's Symposium on Informational Privacy. Particular thanks go to Jack Balkin, Richard Boldt, Becky Bolin, Mary Bowman, Al Brophy, Andrew Chin, Bryan Choi, Thomas Clancy, Julie Cohen, Barry Friedman, LisaMarie Freitas, Susan Freiwald, Don Gifford, Mark Graber, James Grimmelmann, Deborah Hellman, Camilla Hrdy, Rende Hutchins, Orin Kerr, Joseph Kennedy, Catherine Kim, Anne Klinefelter, Michael Mannheimer, Dan Markel, Christina Mulligan, Richard Myers, Neil Richards, Catherine Sabbeth, Laurent Sacharoff, Paul Schwartz, Christopher Slobogin, Robert Smith, Dan Solove, Max Steams, David Super, Peter Swire, Peter Quint, Arthur Weisburd, and Jonathan Witmer-Rich. As always, Frank Lancaster has been a rock. 745

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