Friday, November 30, 2018
Natalie Ram (University of Baltimore - School of Law) has posted Rebuilding Privacy Practices After Carpenter on SSRN. Here is the abstract:
This Article interrogates the impact of Carpenter for investigations like the Golden State Killer case. In so doing, it accomplishes three goals. First, it argues that Carpenter invites courts to engage with third party privacy practices in a more robust and nuanced way in evaluating Fourth Amendment expectations of privacy in shared data. Second, it demonstrates that genetic data is sensitive, personal information in which individuals may ordinarily have an expectation of privacy. Third, it assesses third party privacy practices for genealogical genetic data specifically, concluding that 23andMe and AncestryDNA’s privacy practices likely reinforce a Fourth Amendment expectation of privacy, while GEDmatch’s privacy practices likely accomplish the opposite.