That ‘70s Show: Why the 11th Circuit was Wrong to Rely on Cases from the 1970s to Decide a Cell-Phone Tracking Case

Authors

David Oscar Markus
Nathan Freed Wessler

Abstract

In light of society's increasing reliance on technology, this article explores a critical question – that of the Fourth Amendment’s protection over privacy in the digital age. Specifically, this article addresses how the law currently fails to protect the privacy of one’s cell phone records and its ramifications. By highlighting the antiquated precedent leading up to the Eleventh Circuit’s ruling in United States v. Davis, this article calls on the judiciary to find a more appropriate balance for protecting the right to privacy in a modern society.

Recommended Citation

David Oscar Markus and Nathan Freed Wessler, That ‘70s Show: Why the 11th Circuit was Wrong to Rely on Cases from the 1970s to Decide a Cell-Phone Tracking Case, 70 U. Mia. L. Rev. 1179 (2016)
Available at: https://repository.law.miami.edu/umlr/vol70/iss4/7