{"id":11423,"date":"2014-05-05T05:41:57","date_gmt":"2014-05-05T10:41:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11423"},"modified":"2014-05-05T05:41:58","modified_gmt":"2014-05-05T10:41:58","slug":"wapo-volokh-smith-v-maryland-as-a-good-first-order-estimate-of-reasonable-privacy-expectations","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11423","title":{"rendered":"WaPo: Volokh: Smith v. Maryland as a good first-order estimate of reasonable privacy expectations"},"content":{"rendered":"<p>WaPo: Volokh: <a href=\"http:\/\/www.washingtonpost.com\/news\/volokh-conspiracy\/wp\/2014\/05\/04\/smith-v-maryland-as-a-good-first-order-estimate-of-reasonable-privacy-expectations\/\">Smith v. Maryland as a good first-order estimate of reasonable privacy expectations<\/a> by Stewart Baker:<\/p>\n<blockquote><p>Earlier, I promised a post that would make the positive case for the third-party doctrine and Smith v. Maryland.<\/p>\n<p>The case against it seems pretty obvious. Privacy advocates are glad to tell us that the pace of technological change requires that we expand fourth amendment protections. \u201cWe\u2019re putting our entire lives on line,\u201d they say. \u201cThe government\u2019s ability to collect and analyze data is growing. Only by expanding the fourth amendment can we even the balance that protects our privacy.\u201dOr more colloquially, \u201cSome new technologies are just plain creepy, especially in the hands of the government, and we want the fourth amendment to save us from them.\u201d<br \/>\n<!--more--><br \/>\nThe problem with that argument is that definitions of \u201ccreepy\u201d change pretty fast. Brandeis wrote his seminal article on privacy because he thought the Kodak camera was creepy, and he wanted the law to prevent the hoi polloi from taking his picture. In the 1970s, the FBI\u2019s ability to maintain clippings files on prominent Americans was a creepy source of power for J. Edgar Hoover. And the Attorney General actually imposed a fourth-amendment-style \u201cpredicate\u201d requirement on future FBI clippings files about individuals. Today, though, Google has democratized the clippings file, and it\u2019s too common to be creepy. Much as we may regret what we said to a reporter back in 1997, there\u2019s no point in feeling violated every time it shows up in search results. So we don\u2019t.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>WaPo: Volokh: Smith v. Maryland as a good first-order estimate of reasonable privacy expectations by Stewart Baker: Earlier, I promised a post that would make the positive case for the third-party doctrine and Smith v. Maryland. The case against it &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=11423\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[42],"tags":[],"class_list":["post-11423","post","type-post","status-publish","format-standard","hentry","category-informational-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11423","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11423"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11423\/revisions"}],"predecessor-version":[{"id":11424,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11423\/revisions\/11424"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11423"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11423"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11423"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}