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Albany Law Journal of Science and Technology
Don’t Be Evil: The Fourth Amendment in the Age of Google, National Security, and Digital Papers and Effects
21.0000000000000 ALB. L.J. SCI. & TECH. 153 (2011)
Andrew William Bagley
This Article offers an overview of current Fourth Amendment law in light of evolving concepts of papers and effects, expectations of privacy online, and the third party and state action doctrines. Scholars have addressed some of these issues individually, but this Article analyzes the legal issues that subsist in the wake of the NSA Terrorist Surveillance Program dilemma and during Congress’ current push to update the Electronic Communications Privacy Act. Individuals are increasingly turning to third party technology companies such as Google to host their most private papers and effects, yet in doing so are subjecting themselves to non-negotiated Terms of Service and their information to the mercy of a corporate slogan.