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  • Bit-Wise But Privacy Foolish: Smarter E-Messaging Technologies Call for a Return to Core Privacy Principles

    In this era of constantly evolving electronic messaging ("e-messaging") features and functions, courts have unfortunately been seduced by the glow of individual technologies. As we will demonstrate, rather than calling for unique treatment, each of these technologies serve as simply another means to support interpersonal communications and cry out for consistent policymaking. Failing to grasp this overarching and functional perspective, courts have fallen down a rat hole of technical idiosyncrasies, thereby missing the opportunity to apply core privacy principles in a technology-agnostic manner. Instead of a consistent set of policies and user rights, we are left with an incoherent mix of varying rights, obligations, and rulings based on the technology of the day. Moreover, technology continues to evolve and complexities only increase, thus creating more uncertainty.