Opt Out or Pipe Down, You Traded Your Data Away: Balancing Computer Crime Prevention, Third-Party Data, and Individual Privacy Rights

Authors

Ken Sterling

Abstract

This article explores the complex issue of governments’ access to thirdparty user data without search warrants in the detection, prevention, and prosecution of computer crimes. Topics under analysis include balancing data privacy and public safety, the application of the Fourth Amendment, and seminal court cases such as Riley, Carpenter, and Smith v. Maryland. Cybercrime poses a significant threat to society, businesses, individuals, and governments. While privacy advocates argue for warrant-based access to user data, individuals readily “opt in” and share their data with companies, raising the question of why stricter standards should apply to government use. This article proposes that the government utilize third-party data in computer crime investigations without warrants. The use of artificial intelligence is proposed to sort and analyze third-party data in an ethical and legal manner.

Recommended Citation

Ken Sterling, Opt Out or Pipe Down, You Traded Your Data Away: Balancing Computer Crime Prevention, Third-Party Data, and Individual Privacy Rights, 15 Hastings Sci. & Tech. L.J. 153 (2024).
Available at: https://repository.uclawsf.edu/hastings_science_technology_law_journal/vol15/iss2/3