14 J. High Tech. L. 1 (2014)

handle is hein.journals/jhtl14 and id is 1 raw text is: AFTER JONES, THE DELUGE: THE FOURTH
AMENDMENT'S TREATMENT OF INFORMATION, BIG
DATA AND THE CLOUD
Lon A. Berk*
New technologies force us to re-examine theories, no less in
law than in science. Information technologies have radically changed
social and commercial interactions, providing communication, access
to data and computation resources on a scale barely imaginable just
fifty years ago, let alone in the eighteenth century. But with these
benefits have come threats as well. In particular, the use of infor-
mation technologies vastly increases the scope and possibility of
governmental and private parties' interference with and surveillance
of individuals, and, as a result, creates severe tensions on the juris-
prudential theories used to protect basic liberties and privacies.1 The
National Security Agency's internet and surveillance activities re-
vealed this summer by Edward Snowden are one symptom of these
tensions.2 As our technological abilities increase, so do the threats to
basic liberties.
*Lon A. Berk is a partner at Hunton & Williams LLP. He has a J.D. from Harvard
Law School and a Ph.D. from the Massachusetts Institute of Technology. Special
thanks are owed to the editors of this journal for their excellent insights and work.
Thanks are also owed to Professor Linda Wetzel for multiple discussions on the
content of this paper and to Angela Conquer for her careful review. The mistakes
in the paper are the author's own, as are the opinions, which should not be
attributed to the author's firm, its partners or clients.
1 See Bryce Baschuk, Senators Introduce Bill Seeking to Limit NSA Surveillance,
Increase Transparency, 12 Priv. & Sec. L. Rep. (BNA) 1662 (2013) (discussing the
need for greater privacy protections from governmental surveillance programs).
2 See Byron Acohido, Edward Snowden Sets Privacy Time Bomb Ticking, USA
TODAY (Oct. 11, 2013), archived at www.perma.cc/06gjsRGu2Rb (describing the
impact of the National Security Agency's surveillance program on public privacy
concerns).
Copyright 0 2014 Journal of High Technology Law and Lon Berk.
All Rights Reserved. ISSN 1536-7983.

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