Digital Privacy: An Analysis of Protection for Cell Phone Usage analyzes the legal protections for privacy of cell phone data and usage. It provides a brief history of privacy law in the US beginning in the 18th century. It outlines key statutes and court cases related to digital privacy, including the Electronic Communications Privacy Act of 1986 and Supreme Court cases Riley v. California and United States v. Wurie which found privacy was violated in searches of cell phones. The document concludes by questioning if the Fourth Amendment needs to be altered to address privacy issues due to the vast amount of personal data accessible on cell phones.

1. Digital Privacy:
An Analysis of Protection for
Cell Phone Usage
By Ameres Groves

2. An Analysis of Protection for Cell Phone Usage
 Privacy has become more nuanced because of recent technological advances.
 There is no question that mobile is affecting societal expectations and legal doctrines
regarding privacy (Terilli &. Splichal).

3. Brief History
 In Pope v. Curl (1741) American privacy law began to be developed
 James Madison, a major proponent of the bill of rights, proposed “the right to of
the people to be secure … against unreasonable search and seizures,” was later
adopted as the fourth amendment.
 New technological advancements in the 19th century began to threaten privacy.

4. Statute Law
 In 1986, Congress passed the Electronic Communications Privacy Act (ECPA)
 The Supreme Court has never considered whether stored electronic
communications are entitled to Fourth Amendment protection, the Court has
assumed (without concluding) that individuals have a reasonable expectation of
privacy in stored messages.


5. Recent Case Law
 Riley v. California (2014)
 Conclude that Riley’s privacy was invaded by a phone search.
 United States v. Wurie (2014)
 Concluded that Wurie’s privacy was invaded by a phone search.

6. Law Review Analysis
 Government sources toe the Fourth Amendment while keeping an eye on criminal
suspects.
 Companies investment into behavior marketing invades personal data.


7. Conlusions: Interpretation, Research Limitations
and Future Research Questions
 It is not only powerful enough to hold the attention of others, but create
protection for itself in the process.
 The new technological advancements has been constantly evolving, but privacy
rights is having an hard time catching up.
 Is the Fourth Amendment altered for the searching of cell phones because of its
capability of holding a vast amount of information or its convenient accessibility?