Katz in the Era of Mobile Computing: How Society's Changing Expectations of Privacy Impact the Law

Book excerpt: For over four decades privacy in America has been governed by the Katz "expectation of privacy" test in the context of Fourth Amendment governmental searches during criminal investigations. During that time society has advanced technologically at a pace faster than any other time in human history. As we enter an era of ubiquitous wireless mobile computing, the law has reached a cresting point and needs a new method to adapt to changing technological innovations.