Katz on the Internet: Privacy in the Digital Age

You may be familiar with “cats” on the internet - their furry antics inspired the first-generation of memes - but what about Katz, as in the Katz v. United States ?

This Supreme Court decision from the 1960s set the stage for how to interpret privacy rights when confronted with new, potentially intrusive technologies. Now, in the Digital Age, does Katz provide sufficient privacy protection for your personal data? Four experts discuss this modern dilemma in FedSoc Films’ newest documentary, Katz on the Internet: Privacy in the Digital Age.

Featuring:

Amy Peikoff, Chief Policy Officer, BitChute
John Bash, Former Federal Prosecutor
Jake Laperruque, Deputy Director, Center for Democracy and Technology
Prof. Orin Kerr, UC Berkeley Law School

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

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0:00 - Opening
2:15 - Katz
4:00 - Reasonable Expectation of Privacy
5:46 - Smith & Miller
8:48 - Metadata
10:53 - Carpenter
13:30 - Uncertainty
15:14 - Individual Action
17:37 - Conclusion
19:41 - Credits

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Related links and differing views:

American Bar Association, “The Third-Party Doctrine in the Wake of a ‘Seismic Shift’

Cardozo Law Review, “A Third-Party Doctrine for Digital Metadata”

Catholic University Law Review, “Cloudy with a Chance of Government Intrusion: The Third-Party Doctrine in the 21st Century Doctrine in the 21st Century”

Notre Dame Law Review, “A Solution for the Third-Party Doctrine in a Time of Data Sharing, Contact Tracing, and Mass Surveillance Contact Tracing, and Mass Surveillance ”

#FedSocFilms

[MurguiaLuis]

Very informative. Definitely, Congress needs to legislate on Data Privacy. Until then, access to content and meta data should require a warrant

[DontLetItGo]

Thanks so much for including me in this project! Wouldn't it be great if Snowden's gesture, over ten years ago, wasn't in vain?

[thomasm.miovasjr.]

When did we get away from the idea that the Constitution limits the government, and that anything not permitted of it under the Constitution is forbidden for the government to do? Of course, I think that is what you are saying by holding up the Fourth Amendment and telling government—Stop right there until you get a warrant! Thanks for the introduction of the arguments in legal history of the USA.

[CamilleGailWeston]

I love this case. Katz vs U.S. (1967) was prophetic

[kevinwright]

Wish my crim pro class was this exciting!

[research_think_choose]

BIOS has largely been superseded by Bootloader and UEFI technologies, yet nearly every device still includes a BIOS chip for "backwards compatibility."

In a world where cost-saving measures extend to even shortening the length of laptop chargers, why does the BIOS chip persist? Typically, the BIOS includes around 10 MB of extra memory for "potential future updates."

Consider that our most sophisticated Trojan to date, STUXNET, was under 1.5 MB. How many Stuxnets could fit into that 10 MB?

Since the BIOS operates below the
L operating system, it has higher privilege than any software. It sits directly on the motherboard so it has direct access to and control over hardware components, such as the CPU or RAM.


SIGINT goes beyond CPU chips. look at BIOS chips, too, is all I am saying! You would be surprised!