New Draft Article: “Data Scanning and the Fourth Amendment”
I have recently posted a new draft article, Data Scanning and the Fourth Amendment, to SSRN. The abstract:
A crucial question of Fourth Amendment law has recently divided courts: When government agents conduct a digital scan through a massive database, how much of a “search” occurs? The issue pops up in contexts ranging from geofence warrants and reverse keyword searches to the installation of Internet pen registers. When a government agent runs a filter through a massive database, resulting in a list of hits, is the scale of the search determined by the size of the database, the filter setting, or the filter output? Fourth Amendment law is closely attuned to the scale of a search. No search means no Fourth
Article from Reason.com
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