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NOTES 191

Global Privacy,” Michigan State International Law Review 22 (3), 2014. Avail-
able at http://digitalcommons.law.msu.edu/cgi/viewcontent.cgi?article= 1155 &
context=ilr.
80. Emphasis added. Benjamin Wallace-Wells, “Patriot Act,” New York Magazine,
August 27, 2011, http://nymag.com/news/9-11/10th-anniversary/patriot-act/.
81. Jay Stanley, “Christie Use of Tollbooth Data and Why Location Privacy
Must Be Protected,” ACLU, January 16, 2015. Available at https://www
.aclu.org/blog/technology-and-liberty-national-security/christie-
use-tollbooth-data-and-why-location-privacy-m.
82. Michael Martinez, “ACLU Raises Privacy Concerns About Police Technol-
ogy Tracking Drivers,” CNN, July 18, 2013. Available at http://www.cnn.
com/2013/07/17/us/aclu-license-plates-readers/.
83. Martin Austermuhle, “D.C. Police to Test Body Cameras, But Civil Libertar-
ians Raise Concerns,” WAMU, September 24, 2014. Available at http://wamu.
org/news/14/09/24/dc_police_officers_to_test_body_cameras.
84. Susan Stellin, “Airport Screening Concerns Civil Liberties Groups,” The New
York Times, March 11, 2013. Available at http://www.nytimes.com/2013/03/12/
business/passenger-screening-system-based-on-personal-data-raises-
privacy-issues.html?pagewanted=all&_r=0.
85. Lauren C. Williams, “The Next Civil Liberties Fight Could Be Over Breathalyz-
ers,” ThinkProgress, November 12, 2014. Available at http://thinkprogress.org/
justice/2014/11/12/3590539/breathalyzers/.
86. For example, the ACLU has contended that traffic stops show a pattern of
racial bias. See for example “CPD Traffic Stops and Resulting Searches in
2013,” ACLU Illinois, December 26, 2014. Available at http://www.aclu-il.org/
cpd-traffic-stops-and-resulting-searches-in-2013/.
87. “Workplace Drug Testing,” ACLU, March 12, 2002. Available at https://www.
aclu.org/racial-justice_womens-rights/workplace-drug-testing.
88. See, for example, Alderman et al. v. United States, 394 U.S. 165 (1969), which
addressed electronic surveillance as a collection mechanism but did not com-
ment on the government’s right to share that information with others; Berger
v. New York, 388 U.S. 41 (1967), which found New York’s eavesdropping laws
unconstitutional but never called into question the right of the government
to share the information among law enforcement officials; Board of Educa-
tion of Independent School District No. 92 of Pottawatomie County et al
v. Earls et al., 536 U.S. 822 (2002), which held that the school district’s drug
testing policy was unconstitutional, but not on the grounds that banning
someone from playing a sport for a positive drug test in effect shares informa-
tion about that person’s drug use with a variety of others; and many more. All
of the Fourth Amendment cases read by this author addressed the question
of whether an unreasonable search or seizure had occurred, and never asked
about the appropriate scope of the government’s subsequent use of legally-
obtained information.
89. Schmerber v. California (384 U.S. 757, 1966). Italics added.
90. Amitai Etzioni, “Eight Nails into Katz’s Coffin,” Case Western Reserve Law
Review 65, 2 (2015), forthcoming.