Computers, Privacy & the Constitution

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The ‘reasonable expectation’ test and technology.

The Fourth Amendment does not explicitly protect privacy. However, the court has extrapolated an inherent privacy protection: a person must “exhibit[] an actual (subjective) expectation of privacy and . . . that . . . expectation [must] be one that society is prepared to recognize as ‘reasonable’” Katz v. US, 389 U.S. 347, 361 (1967) (conversations protected because a phone booth is a “temporarily private place whose momentary occupants’ expectations of freedom from intrusion are recognized as reasonable”) (Justice Harlan, concurring).


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