Page 210 - Privacy in a Cyber Age Policy and Practice

198 NOTES

track suspects by providing arrest records, related 911 calls, local crime data,
and vehicle locations. Material deemed to have “continuing law enforcement
or public safety value or legal necessity” may be retained indefinitely, otherwise
it is stored for up to five years. See also Martin Kaste, “In ‘Domain Awareness,’
Detractors See Another NSA,” NPR, February 21, 2014: Expansion of the sys-
tem to include additional cameras, facial recognition, cell phone and social
media tracking is planned.
66. Amitai Etzioni, “A Cyber Age Privacy Doctrine: A Liberal Communitarian
Approach,” I/S: A Journal of Law and Policy for the Information Society, 10, 2
(Summer 2014).

Chapter 4

1. Katz v. United States, 389 U.S. 347 (1969).
2. Henry F. Fradella, Weston J. Morrow, Ryan G. Fischer, and Connie Ireland,
“Quantifying Katz: Empirically Measuring ‘Reasonable Expectations of Privacy’
in the Fourth Amendment Context,” American Journal of Criminal Law 38,
3 (2011): 295.
3. Thane Josef Messinger, “A Gentle and Easy Death: From Ancient Greece to
Beyond Cruzan Toward a Reasoned Legal Response to the Societal Dilemma
of Euthanasia,” Denver University of Law Review 71 (January 1993), cited in
Fradella et al., “Quantifying Katz,” 295.
4. Fradella et al., “Quantifying Katz,” 296–97.
5. William Cuddihy and B. Carmon Hardy, “A Man’s House Was Not His Castle:
Origins of the Fourth Amendment to the United States Constitution,” The
William and Mary Quarterly 37, 3 (July 1980): 371.
6. Thomas K. Clancy, “The Framers’ Intent: John Adams, His Era, and the Fourth
Amendment,” Indiana Law Journal 86, 3 (2011): 979–80, 1014.
7. Stephanie M. Stern, “The Inviolate Home: Housing Exceptionalism in the
Fourth Amendment,” Cornell Law Review 95, 5 (July 2010): 924–26, 927.
8. Fradellaet al., “Quantifying Katz,” 301–302.
9. For example, “In Steagald v. United States, the Court resolved an important
fourth amendment issue by holding that, absent exigent circumstances or con-
sent, a law enforcement officer may not legally search for the subject of an arrest
warrant in the home of a third party without a search warrant.” G. Andrew
Watson, “Fourth Amendment: Balancing the Interests in Third Party Home
Arrests,” Journal of Criminal Law and Criminology 72, 4 (1981): 1263.
10. U.S. Const., amend. IV.
11. “The greatest [Fourth Amendment] protection is given to a citizen’s residence.”
David M. Stout, “Home Sweet Home?! Maybe Not for Parolees and Probation-
ers When It Comes to Fourth Amendment Protection,” Kentucky Law Journal
95 (January 2006): 812.
12. See, to give but one example, Jordan C. Budd, “A Fourth Amendment for the
Poor Alone: Subconstitutional Status and the Myth of the Inviolate Home,”
Indiana Law Journal 85, 2 (2010): 360.