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14 N.C. J.L. & Tech. 381 (2012-2013)
A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy

handle is hein.journals/ncjl14 and id is 397 raw text is: NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 14, ISSUE 2: SPRING 2013 A SHATTERED LOOKING GLASS: THE PITFALLS AND POTENTIAL OF THE MOSAIC THEORY OF FOURTH AMENDMENT PRIVACY David Gray* & Danielle Keats Citron- On January 23, 2012, the U.S. Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect's public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the mosaic theory of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if * 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. The authors thank everyone who generously commented on this work during presentations at the Information Society Project at Yale Law School, the Annual Meeting of the ABA/AALS Criminal Law Section, the University of North Carolina, Northwestern University, 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 the Harvard Law Review 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, LisaMarie Freitas, Susan Freiwald, Don Gifford, Mark Graber, James Grimmelmann, Deborah Hellman, Camilla Hrdy, Renee Hutchins, Orin Kerr, Joseph Kennedy, Catherine Kim, Anne Klinefelter, Michael Mannheimer, Dan Markel, Christina Mulligan, Richard Myers, Neil Richards, Catherinc Sabbeth, Laurent Sacharoff, Paul Schwartz, Christopher Slobogin, Robert Smith, Dan Solove, Max Steams, David Super, Peter Swire, Peter Quint, Jason Weinstein, Arthur Weisburd, and Jonathan Witmer-Rich. Liz Clark Rinehart provided critical research assistance and Max Siegel insightful editorial work. The authors are also grateful to Frank Lancaster for holding us together. 381

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