Of countless colleagues, including Julia Angwin, Kevin Bankston, Dan Boneh, The project benefits from the wisdom and feedback This work draws upon conversations at the Federal Judicial Centerįourth Circuit Workshop, Federal Judicial Center Sixth Circuit Workshop,įederal Judicial Center Ninth Circuit Mid-Winter Workshop, Federal JudicialĬenter Workshop for United States Magistrate Judges, the Privacy Law ScholarsĬonference, and the Rethinking Privacy and Surveillance in the Digital AgeĮvent at Harvard Law School. Solely the author’s own and do not reflect the position of the United States The author currently serves as a Legislativeįellow in the Office of United States Senator Kamala D. candidate, Stanford Universityĭepartment of Computer Science. Of Computer Science and Public Affairs, Princeton University (effective MarchĢ018) J.D., Stanford Law School Ph.D. Cyber Initiative Fellow, Stanford University Assistant Professor Law, and the interplay between statutory and constitutional privacyĪuthor. Surveillance, equilibrium adjustment theories for calibrating Fourth Amendment LawĮnforcement hacking sheds new light on the interbranch dynamics of Part III uses government malware to illuminate longstanding scholarly debatesĪbout Fourth Amendment law and the structure of surveillance regulation. The Article alsoĪrgues for reinvigorating super-warrant procedures and applying them to law A review of unsealed court filings demonstrates that the government hasĪ spotty compliance record with these procedural requirements. The Article provides a technical framework forĪnalyzing government malware, then argues that a faithful application of FourthĪmendment principles compels the conclusion that government hacking isĪnalyzes the positive law that governs law enforcement hacking, answeringįundamental criminal procedure questions about initiating a search,Įstablishing probable cause and particularity, venue, search duration, and This issue has sharply divided district courts because, unlike aĬonventional computer search, hacking usually does not involve physical contact Of the Article considers whether the Fourth Amendment regulates law enforcement Provides the first comprehensive examination of how federal law regulates Courts are justīeginning to piece through the doctrine, and scholarship is scant. As encryption and anonymization toolsīecome more prevalent, the government will foreseeably increase its resort toĮnforcement hacking poses novel puzzles for criminal procedure. The United States government hacks computer
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