Introduction
• d-order: warrantless search of provider for who, when, and where information, meta-data.
• third-party doctrine: individuals “relinquish reasonable expectation of privacy when they transact via a third party”
• license plate readers (LPRs)
• world’s first data protection law, 1970, Germany. requires “consent” to collect/use personal data.
• habeas corpus –> habeas data (xvi)
Ch. 6: email
• Warshak v. US: must have warrant before ISPs turn over email content
• 1986 Electronic Privacy Communications Act (EPCA). two outdated aspects: distinguished between “remote” and “electronic” computing services.
• pen/trap: used to get electronic content
• what was Levison’s primary concern, leading him to refuse to comply with order giving TLS keys?
• what are some reasons tech companies like Google and Facebook decided together to demand ECPA warrants from the government?
• how has “the plummeting costs of storage . . . flipped the default understanding of how surveillance threatens privacy?” (143)
Ch. 9: phone searches
• “search incident to arrest” is exception to warrant rule.
• Smallwood v. Florida: cannot search cell phone without warrant
• Riley / Wurie vs. US: argument was that “digital was different” (206)
• fingerprints vs. PIN codes: Fourth and Fifth amendments
• foregone conclusion exception to Fifth amendment
• lawful hacking and NITs (216)

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