StingRay Technology and Reasonable Expectations of Privacy in the Internet of Everything
Until courts demonstrate a greater understanding of the level of connectivity of cell phones and other devices, and this connectivity’s impact on legitimate expectations of privacy in the Internet of Everything, they will continue to struggle in applying traditional Fourth Amendment jurisprudence to existing and developing technology. Courts have struggled with the reasonable expectation standard in a variety of other related circumstances. Do persons have a greater expectation of privacy when the government surveillance is conducted in a home rather than a public place? Does the government’s use of certain technologies constitute a trespass into a protected area? Does someone who purchases a cell phone using a stolen credit card have any reasonable expectation of privacy in its subsequent use? Do persons have a reasonable expectation of privacy in connectivity data created by stolen phones? Does the right of privacy in historic CSLI differ from that in prospective CSLI? Are there limits to warrantless searches of electronic devices? Are there limits to government’s use of high technology devices not available to the general public?