Does the Fourth Amendment Cover ‘The Cloud’?

Fourth AmendmentJames Urquhart writes on CNet News:

One of the biggest issues facing individuals and corporations choosing to adopt public cloud computing (or any Internet service, for that matter) is the relative lack of clarity with respect to legal rights over data stored online. I’ve reported on this early legal landscape a couple of times, looking at decisions to relax expectations of privacy for e-mail stored online and the decision to allow the FBI to confiscate servers belonging to dozens of companies from a co-location facility whose owners were suspected of fraud.

However, while I’ve argued before that the government has yet to apply the right metaphor to the modern world of networked applications and data, there has been little literature that has actually dissected the problem in detail. Even worse, I’ve seen almost no analysis of how the United States Constitution’s Fourth Amendment, which guards against unreasonable searches and seizures, applies to Internet-housed data.

Read More: CNet News

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