Pass parallel privacy standards or privacy perishes

Anne T. McKenna

Research output: Contribution to journalReview articlepeer-review

2 Scopus citations


Private industry tracks our physical location, online activities, preferences, and financial status. In the process of this tracking, private industry collects, stores, and sells an astonishing amount of personal data. Nothing stops private industry from doing this. And Edward Snowden's NSA surveillance revelations and publication of secret FISA Court Orders demonstrates that private industry's vast databases are open to government inspection. This Article argues that technological advances have turned our traditional privacy analysis on end. Applying the traditional reasonable expectation of privacy analysis and the third party doctrine to advanced technologies and Internetbased activity requires courts to engage in absurd legal acrobatics to preserve any sense of privacy. The Article offers a legislative solution to the problem of invasive data gathering and tracking by private industry.

Original languageEnglish (US)
Pages (from-to)1041-1094
Number of pages54
JournalRutgers Law Review
Issue number4
StatePublished - Jun 1 2013

All Science Journal Classification (ASJC) codes

  • Law


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