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86 Geo. Wash. L. Rev. Arguendo 1 (2018)

handle is hein.journals/gwargu86 and id is 1 raw text is: 











                                   NOTE














      Always On, Always Listening: Navigating Fourth
               Amendment Rights in a Smart Home




                              Allegra Bianchini*

                                  ABSTRACT
         What do you say in your home when you think no one is listening? Have you
    ever contemplated that someone might be listening? What would you do if a
    recorded log of what you say and do behind closed doors could be used against
    you? With the recent rise of digital assistant devices, often referred to as always
    on, always listening devices, this circumstance is a tangible reality. Given the
    state of digital data protection, the information collected by these devices and
    stored on service provider clouds remains ambiguously protected and in some
    cases subject to warrantless government searches. This Note proposes that, given
    the intimate nature of this data and the rationale supporting recent Supreme
    Court decisions concerning the Fourth Amendment, it should be afforded a higher
    level of protection than it currently receives under the Electronic Communications
    Privacy Act of 1986 (ECPA). Instead, it should be treated as a physical aspect
    of a user's home, consistent with the Supreme Court's analysis in Kyllo v. United
    States. Bolstered by the reasoning used by the Supreme Court, this Note proposes
    that Congress amend the ECPA to provide such protection for digital information
    beyond just communications in order to maintain the high level of privacy in
    one's home  that has been valued by the United States since the time of its
    founders.

                                INTRODUCTION

     On  November 22, 2015, Victor Parris Collins was found dead in a
patio  hot  tub  at  the  home   of  James   Andrew Bates in Bentonville,



     * J.D., expected May 2018, The George Washington University Law School; B.A.,
2014, Colgate University.

March 2018 Vol. 86


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