YOUR DATA, MODERN TIMES, AND THE FOURTH AMENDMENT: WHAT WOULD JEFFERSON AND ORWELL DO?

Authors

Sterling, Ken

Abstract

The ongoing challenge of balancing individual data privacy with the government's need for user data through national security efforts has long plagued courts and policymakers. This tension intensifies as technology advances, permeating daily life, and global uncertainty fuels government demand for additional data. This study explores this tension by examining the Fourth Amendment's protection against unreasonable searches and seizures in the context of user data obtained by the government through third-party providers. I argue that the Fourth Amendment provides a sufficient framework to balance these competing interests. While acknowledging the government's responsibility for national security, we contend that this does not automatically override individual privacy concerns. However, the legality of the government purchasing third-party user data – data voluntarily provided by users to private companies – remains a critical question. Drawing on relevant case law, including United States v. Jones, this study analyzes the evolving legal landscape regarding user data and government surveillance. I conclude by calling for further discussion on the legality of government access to third-party data and exploring potential solutions within the existing framework.

Recommended Citation

Sterling, Ken, YOUR DATA, MODERN TIMES, AND THE FOURTH AMENDMENT: WHAT WOULD JEFFERSON AND ORWELL DO?, 41 Santa Clara High Tech. L.J. 47 (2025).
Available at: https://digitalcommons.law.scu.edu/chtlj/vol41/iss1/2