Privacy - cyberlaw

Fourth Amendment

Limits government searches and seizures; requires searches to be reasonable and usually supported by a warrant.

Warrant Jurisdiction

The legal authority of a court to issue a search warrant over a specific place, person, or data.

Fifth Amendment

Protects individuals from being forced to testify or provide self-incriminating information.

Device Searches

Government searches of phones, computers, or digital devices, which receive heightened privacy protection.

Riley v. California

Supreme Court case holding that police generally need a warrant to search a cellphone.

Remote Searches

Government access to data stored outside the physical device, such as cloud or server-based data.

United States v. Warshak

Case holding that individuals have a reasonable expectation of privacy in emails stored with an ISP.

Carpenter v. United States

Case requiring a warrant for long-term cell phone location data.

TAKE IT DOWN Act

Law addressing digital forgeries and nonconsensual manipulated media, including deepfakes.

Wiretapping

Intercepting communications while they are occurring.

Wiretap Act

Federal law prohibiting unauthorized interception of live electronic, oral, or wire communications.

O'Brien v. O'Brien

Case illustrating that recording private communications without consent may violate wiretap laws.

Stored Communications Act (SCA)

Federal law protecting stored electronic communications such as emails and messages.

Ehling v. Monmouth-Ocean Hospital

Case holding that private social media posts are protected under the SCA.

Consumer Privacy

Legal rules governing how companies collect, use, and protect personal data.

Cookies

Small data files stored on a user's device to track behavior or preferences online.

In re Snapchat, Inc.

Case where misleading privacy promises were found to violate consumer protection laws.

TikTok Inc. v. Garland

Case addressing national security and data privacy concerns related to foreign-owned platforms.

HIPAA

Federal law protecting the privacy and security of certain health information.

FERPA

Federal law protecting the privacy of student education records.

COPPA

Federal law regulating the collection of personal data from children under 13.

ADA (Privacy Context)

Law requiring accessibility in digital services, including privacy and data interfaces.

State Privacy Laws

State-level laws providing additional privacy rights beyond federal law.

GDPR

European Union law granting individuals extensive rights over their personal data.