The Fourth Amendment states, in part, "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated."
The test for whether the Fourth Amendment applies to protect a particular place or circumstance depends on whether a person has a "reasonable expectation of privacy" in that place or circumstance. For example, the Supreme Court has determined that a person has no reasonable expectation of privacy in one's trash once it has been placed on the curb. That means the police can rummage through your garbage on trash day without a warrant and without probable cause.
Facebook, Myspace, Twitter and other social networking sites encourage their users to share information through their services. Users can "check in" to where they are physically located at any moment. They can post about what they are doing and who they are with. They can upload photos and videos to document their activities.
These sites have created a culture, particularly in younger generations, that anything and everything is worth sharing. It has also prompted people to become "friends" with people they barely know, sharing all their information along the way. One can debate the merits of this culture shift, but my concern is its impact on our constitutional rights. If people are willing to share this information online, how can one claim an expectation of privacy in it?
Although users can control their privacy settings to some degree, information posted online is never truly private. The information posted on social networking sites is recorded, gathered for marketing purposes, and sold to advertisers. The more people use these sites, and the more intimate and widespread their posts become, the less "expectation of privacy" anyone can truly claim, no matter what the circumstance.
The test for whether the Fourth Amendment applies to protect a particular place or circumstance depends on whether a person has a "reasonable expectation of privacy" in that place or circumstance. For example, the Supreme Court has determined that a person has no reasonable expectation of privacy in one's trash once it has been placed on the curb. That means the police can rummage through your garbage on trash day without a warrant and without probable cause.
Facebook, Myspace, Twitter and other social networking sites encourage their users to share information through their services. Users can "check in" to where they are physically located at any moment. They can post about what they are doing and who they are with. They can upload photos and videos to document their activities.
These sites have created a culture, particularly in younger generations, that anything and everything is worth sharing. It has also prompted people to become "friends" with people they barely know, sharing all their information along the way. One can debate the merits of this culture shift, but my concern is its impact on our constitutional rights. If people are willing to share this information online, how can one claim an expectation of privacy in it?
Although users can control their privacy settings to some degree, information posted online is never truly private. The information posted on social networking sites is recorded, gathered for marketing purposes, and sold to advertisers. The more people use these sites, and the more intimate and widespread their posts become, the less "expectation of privacy" anyone can truly claim, no matter what the circumstance.
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