Kennedy and Szoka on U.S. v. Jones

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1 Response

  1. I wholeheartedly agree that Congress should step in to prevent the police and government from snooping in our digital lives. However, I do not believe that would go far enough.

    In this age of Facebook, iPhones and Google, we need to indelibly write into the law protection for our digital privacy and I believe a Constitutional amendment is appropriate. Our digital information is no less private than our homes and deserves no less protections.

    The Court really skirted a number of issues – why did they not apply the long-standing principle that cars are not protected by the warrant requirement of the Fourth Amendment? Also, at oral argument the idea of placing the GPS on the license place, state property, came up; how would the Court deal with that? Both of these issues beg the question of what exactly is being searched, the person or the car?