Is this project an undergraduate, graduate, or faculty project?
Undergraduate
Project Type
individual
Campus
Daytona Beach
Authors' Class Standing
Joanna Morris, Junior
Lead Presenter's Name
Joanna Morris
Lead Presenter's College
DB College of Arts and Sciences
Faculty Mentor Name
Dr. Ann Phillips
Abstract
The Founding Fathers included the Fourth Amendment in the Bill of Rights to protect individuals from unreasonable searches and seizures and their right to privacy. However, rapid advances in modern digital technology have challenged traditional definitions of privacy, raising constitutional questions about digital privacy rights. Smartphones and location tracking collects personal information that does not fit neatly within pre-digital era Fourth Amendment doctrines. This research examines how the United States Supreme Court has adapted interpretations of the Fourth Amendment to address digital privacy concerns, focusing on the tensions between Fourth Amendment doctrines and technology that enables extensive government access to personal data. Through an analysis of key Supreme Court decisions such as Riley v. California and Carpenter v. United States, this research also examines the growing recognition that digital data is uniquely revealing and requires heightened constitutional protections. Lastly, this research includes a case study of Florida’s Senate Bill CS/CS/SB 262, known as the “Florida Digital Bill of Rights”, to illustrate how state legislatures are responding to unresolved constitutional questions surrounding digital privacy. Together, these developments suggest that digital privacy protections in the United States are emerging through a combination of judicial interpretations and legislative action. As technology becomes increasingly embedded in daily life, the evolution of Fourth Amendment jurisprudence will play a central role in defining the balance between government authority and individual privacy in the digital age.
Did this research project receive funding support (Spark, SURF, Research Abroad, Student Internal Grants, Collaborative, Climbing, or Ignite Grants) from the Office of Undergraduate Research?
No
Beyond Walls and Wires: The Supreme Court’s Recognition of Digital Privacy Under the Fourth Amendment
The Founding Fathers included the Fourth Amendment in the Bill of Rights to protect individuals from unreasonable searches and seizures and their right to privacy. However, rapid advances in modern digital technology have challenged traditional definitions of privacy, raising constitutional questions about digital privacy rights. Smartphones and location tracking collects personal information that does not fit neatly within pre-digital era Fourth Amendment doctrines. This research examines how the United States Supreme Court has adapted interpretations of the Fourth Amendment to address digital privacy concerns, focusing on the tensions between Fourth Amendment doctrines and technology that enables extensive government access to personal data. Through an analysis of key Supreme Court decisions such as Riley v. California and Carpenter v. United States, this research also examines the growing recognition that digital data is uniquely revealing and requires heightened constitutional protections. Lastly, this research includes a case study of Florida’s Senate Bill CS/CS/SB 262, known as the “Florida Digital Bill of Rights”, to illustrate how state legislatures are responding to unresolved constitutional questions surrounding digital privacy. Together, these developments suggest that digital privacy protections in the United States are emerging through a combination of judicial interpretations and legislative action. As technology becomes increasingly embedded in daily life, the evolution of Fourth Amendment jurisprudence will play a central role in defining the balance between government authority and individual privacy in the digital age.