Is Our Fourth Amendment Right Vanishing in the Digital Age?

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The more we rely on technology in our daily lives, the more of our personal data is stored on our devices and it becomes an extension of our being. Whether it's our smart phones, tablets, hard drives or cloud backups, technology is where most of our lives are stored in a safe keeping. One of the biggest issues we see happening today, is the need to secure those private files and personal information. Why are we having to fight for our right to privacy when we have the fourth amendment supposably protecting our personal properties?

Since the age of internet has emerged, we are beginning to notice how some of our constitutional rights are beginning to fall into a grey area where freedom is a blurred line in technology for those who have access to abuse our right to privacy.

As a US citizen I have a right to freedom from interference and freedom of disturbance; which both go hand in hand with the right to personal privacy. As this digital age progresses, the majority of millennial lives are documented and saved on their personal devices. A study from Deloitte shows that American millennials check their smart phones about 82 times a day on average. Having this dependency to be constantly connected the world around us has many benefits, but having this information protected with privacy regulations hasn't been properly implemented.

I needed to read more about this topic..

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I found out that as of right now, pretty much anyone with proper access can obtain private information that is stored on our devices. All without any consent. Across the country government officials and police officers are using this data to track and gather information. You might have already known this, but maybe you're unaware of the official legal rights we have to our personal information.

One case that you might be familiar with, dealt with the privacy of location service on cell phones in the case of United States v. Graham in 2012. Where the idea was argued that, "Information voluntarily disclosed to a third party ceases to enjoy Fourth Amendment protection because that information no longer belongs to the consumer, but rather to the telecommunications company that handles the transmissions records." (source)

Location services isn't the only information that is collected by our cellar providers. That's because the majority of the data collected falls under what's known as the third-party doctrine.

The third-party doctrine is a United States legal theory that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy." A lack of privacy protection allows the United States government to obtain information from third parties without a legal warrant and without otherwise complying with the Fourth Amendment prohibition against search and seizure without probable cause and a judicial search warrant. Libertarians typically call this government activity unjustified spying and a violation of individual and privacy rights. (source)

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So what value, if any, does the fourth amendment have in this digital age? What information stored on our devices does the Fourth Amendment actually protect?

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The Fourth Amendment protects our right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". However, when applied to information stored online, the Fourth Amendment's protections are blurred and thus far weaker because it doesn't directly apply to the "reasonable expectation of privacy" in an online context.

Unfortunately, ever since Edward Snowden's 2013 NSA leak that disclosed the substantial amount of data unknowingly being collected, we slowly losing the war on our constitutional right to privacy in this digital age.

Do you think government officials should have a right to obtain digital data without a warrant? Do you think giving up your freedom to personal privacy is worth catching that criminal sitting in a jail cell? Which ways to you try to protect your digital privacy, if any?

I just watched two documentaries about the Silk Road and the Ross Ulbricht trial and I feel very passionate towards the injustice he received. If you have thoughts on any of these topics, I'd love to hear them.