17 Colum. Sci. & Tech. L. Rev. 1 (2015-2016)

handle is hein.journals/cstlr17 and id is 1 raw text is: 

CODE 9


               THE COLUMBIA

 SCIENCE & TECHNOLOGY

                  LAW REVIEW

VOL. XVII               STLR.ORG                 FALL 2015



                       ARTICLE

                         CODE 9:
DIGITAL DATA AS A FOURTH-AMENDMENT ANALOGUE
                FOR ABANDONED DNAt

                      Carrie Leonetti


I.  Introduction: If You Have Nothing to Hide, You Have
N othing to  Fear .............................................................................   2

II. Garbage In, Garbage Out: Current Regulation (Or Lack
Thereof) of Abandoned DNA ................................................... 8

III. The Information Superhighway: Regulation  of the
Warrantless Collection of Digital Data ........................................ 12

IV. Junk  in the Trunk: The       Constitutional Difference
Between Containers and Their Contents ................................... 13
    A. Old School Containers: Luggage and the Like ........... 13
    B. Modern Containers: Computers and Other High-
        Volume Digital Devices ..............................................  16

V. TMI: Digital Data as a More Apt Analogy ......................... 19

VI. Conclusion: The Path Forward .......................................... 27


   t  This Article may be cited as http://www.stlr.org/cite.cgi?volume=17&
article=Leonetti. This work is made available under the Creative Commons
Attribution-Non-Commercial-No Derivative Works 3.0 License.
   *  Carrie Leonetti is an Associate Professor, the Faculty Leader of the
CriminalJustice Initiative at the University of Oregon School of Law in Portland
and a former member of the American Bar Association DNA Task Force. She
wishes to thank Zachary Smallwood for his usual brilliant research assistance


201,5]

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