Jun 302014
 
 June 30, 2014  Court, Surveillance, U.S.

Susan Landau focuses on what the Supreme Court’s opinion in Riley didn’t discuss:

Riley has no discussion regarding expectation of privacy, the two-part test based on whether an individual has sought to keep certain information private and whether society views the individual’s expectation of privacy as reasonable. Expectation of privacy underlies decisions in such cases as United States v. Miller and Smith v. Maryland. In Riley, much of the information on the cell phone might have been held by third parties in the “cloud,” but the justices did not focus on that issue.

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