Question: Recall the two-part test for Fourth Amendment applicability as identified in the Katz case. The Reasonable Expectation of Privacy test is very dependent on what

Recall the two-part test for Fourth Amendment applicability as identified in the Katz case.

  • The "Reasonable Expectation of Privacy" test is very dependent on what society views as objectively reasonable. Does your gut tell you there should be a different privacy standard for more "tangible" places and things (your house/car/files/mail) than for digital places and things (computer files/emails/social media posts)?
  • Does it matter if this information is stored at a third-party location?
  • If so, what is driving that notion: is it the technical aspects or societal notions and experiences?

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