An Analysis of Protection for Cell Phone Usage

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?