By: Sean Sung ‘27
Volume IX – Issue II – Spring 2024
I. Introduction and Basis of Privacy
The United States policy for privacy originates with the Bill of Rights, the Fourth Amendment, which states that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The founders’ reasoning for having the Fourth Amendment was in response to England’s search policy. England had general warrants and writs of assistance, which allowed officials to not only search but follow individuals without reasonable cause or a warrant. [2] These laws and traditions were used to harass political enemies. [3] The Founding Fathers wanted to reinforce the newfound democracy and avoid the silencing of political dissent by making the Fourth Amendment. There are a few key aspects of the amendment. First is to be secure against unreasonable search, meaning that law enforcement needs adequate reasoning and evidence to search someone. The second key aspect is that the search is protected from persons, houses, paper, and effects, which is mostly focused on physical materials and body. The third key aspect is the precise description of what is being searched, which was intended so that law enforcement did not expand the limits of a search warrant. These three key aspects of the Fourth Amendment have led to different theories of interpretation for new privacy cases, especially with the rise of new information technology. New technology has increased methods for law enforcement to gain information in their searches while individuals have new, sometimes opaque methods of sharing data about themselves that they might not necessarily want revealed.