Abstract

      Modern technology is posed to erode traditional concepts of privacy, yet this 
erosion is not inevitable. The goal of this project is to juxtapose the current judicial 
understanding of technological privacy invasions with realistic hypothetical scenarios. 
While particularly relevant to federal justices, this project also serves to educate the 
general American public about the numerous potentials for privacy invasions that may 
appear mundane at first glance.  
      A review of current legal practices reveal that modern justices are generally 
uninformed about modern and emerging technology. This lack of knowledge results in 
justices relying on a small number of possible scenarios that do not represent the realities 
of today. Furthermore, federal justices are currently divided over how to treat technology 
related searches technology. For example, should a cellphone have a higher expectation 
of privacy than a pack of cigarettes? 
      To better understand the general population’s concerns or lack of concern about 
various issues, a survey on the interface of privacy and technology was conducted. Using 
information derived from the survey, hypotheticals were created to highlight the 
numerous possible ways that technology advances may reveal a person’s privately held 
information. While not an exhaustive list of all possible technology related privacy 
invasions, this list illustrates the shortcoming of judicial reliance on a few hypotheticals, 
repeated ad nauseam. As a conclusion, a memorandum intended for federal judges 
encourages an increased understanding of technology and the risks it poses for privacy.