Guide · Constitutional

Government Surveillance and Digital Privacy: A Comprehensive Guide to the Fourth Amendment, ECPA, FISA, and Modern Investigative Tools

18 U.S.C. § 2511

Type
Guide
Jurisdiction
National
Date
2024-03-20
Topic
Constitutional

This guide covers government surveillance and digital privacy for defense counsel, prosecutors, judges, and privacy practitioners. Part 1 sets out the Fourth Amendment framework and the third-party doctrine. Part 2 covers the modern digital cases. Part 3 covers the Wiretap Act. Part 4 covers the Stored Communications Act. Part 5 covers pen registers and provider assistance. Part 6 covers foreign intelligence authorities. Part 7 covers device searches and compelled decryption. Parts 8 through 15 cover location techniques, aggregation, purchased data, border searches, litigation strategy, remedies, state law, and practice guidance.

Government Surveillance and Digital Privacy: A Comprehensive Guide to the Fourth Amendment, ECPA, FISA, and Modern Investigative Tools

Constitutional > Surveillance and Digital Privacy | Published 20 March 2024 - Updated 13 June 2026 | UpLaw - uplaw.us

Part 1 — The Fourth Amendment Framework

From property to privacy. Olmstead v. United States, 277 U.S. 438 — wiretapping without physical trespass was not a search. Katz v. United States, 389 U.S. 347 — overruled; the Amendment "protects people, not places," with Justice Harlan's two-part test: an actual subjective expectation of privacy that society is prepared to recognize as reasonable.

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