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http://www.businessweek.com/2000/00_14/b3675027.htm; Jennifer Gol-
beck, Christina Robles, and Karen Turner, “Predicting Personality with Social
Media,” Chi Extended Abstracts (2011): 253–62.
47. Marcy Peek, “Passing Beyond Identity on the Internet: Espionage and Coun-
terespionage in the Internet Age,” Vermont Law Review 28 (2003): 91, 94
(evaluating ways to resist discriminatory marketing in cyberspace); Marcia
Stepanek, “Weblining,” BusinessWeek (April 3, 2000), http://www.business-
week.com/2000/00_14/b3675027.htm. (A data broker company Acxiom
matches names against housing, education, and incomes in order to iden-
tify the unpublicized ethnicity of an individual or group.); Nicholas Carr,
“Tracking Is an Assault on Liberty, With Real Dangers,” Wall Street Journal
(August 7–8, 2010), p. W1. (“It used to be . . . you had to get a warrant to
monitor a person or a group of people. Today, it is increasingly easy to moni-
tor ideas.”); Amitai Etzioni, “The Privacy Merchants: What Is to Be Done?”
University of Pennsylvania Journal of Constitutional Law 14, 4 (2012): 929,
948–50.
48. Kashmir Hill. “How Target Figured Out a Teen Girl Was Pregnant Before
Her Father Did,” Forbes (February 16, 2012), http://www.forbes.com/sites/
kashmirhill/2012/02/16/how-target-figured-out-a-teen-girl-was-pregnant-
before-her-father-did/.
49. Orin S. Kerr, “The Fourth Amendment and New Technologies: Constitutional
Myths and the Case for Caution,” Michigan Law Review 102 (2004): 801, 871–2.
50. Christopher Slobogin, “Government Data Mining and the Fourth Amend-
ment,” University of Chicago Law Review 75 (2008): 317, 320.
51. Glenn R. Simpson, “FBI’s Reliance on the Private Sector Has Raised Some Pri-
vacy Concerns,” The Wall Street Journal, April 13, 2001, http://www.wsj.com/
articles/SB987107477135398077.
52. For further discussion on these matters, see Amitai Etzioni, “The Privacy
Merchants,” 929; Amitai Etzioni, “The Bankruptcy of Liberalism and Conser-
vatism,” Political Science Quarterly 128 (2013): 39 (discussing the collapse of
the public-private divide).
53. For more discussion, see Amitai Etzioni, “The Bankruptcy of Liberalism and
Conservatism,” 39.
54. Kerr sees a greater role here for Congress, while Swire sees a greater role for
the courts. See Peter P. Swire, “Katz Is Dead. Long Live Katz,” 904, 912; and
Orin S. Kerr, “The Fourth Amendment and New Technologies: Constitutional
Myths and the Case for Caution,” Michigan Law Review 102 (2004). This chap-
ter is unable to add to these deliberations other than to recognize that both are
needed and neither seems able to keep up with changing technologies.
55. Siobhan Gorman, “NSA’s Domestic Spying Grows as Agency Sweeps Up Data,”
Wall Street Journal (March 10, 2008).
56. Peter P. Swire, “A Reasonableness Approach to Searches after the Jones GPS
Tracking Case,” Stanford Law Review Online 64 (2012): 57.
57. Gary T. Marx, “Ethics for the New Surveillance,” The Information Society: An
International Journal 14 (1998): 171, 178.