Privacy Symposium Drafts Up!

The symposium drafts for "Search and Seizure in the Digital Age" are all up! Check them out at the symposium page at the Stanford Technology Law Review website, where you can participate in the online commenting session. The live event is all day Friday at the law school, and admission is free.

The drafts, in no particular order, are:

• Susan Freiwald, "A First Principles Approach to Communications Privacy" (proposing a new, four-factor "presence of electronic surveillance test" to replace Katz's "reasonable expectation of privacy" test).
• Deirdre K. Mulligan and Jack Lerner, "Taking the Long View of the 4th Amendment: Stored Records and the Sanctity of the Home" (discussing the tension between the sanctity of the home and the third-party business records doctrine in the Supreme Court's 4th Amendment jurisprudence, in light of new public utility sensor networks that monitor home energy consumption) (extended abstract).
• Nicole Ozer, "Rights Chipped Away: RFID and Identification Documents" (exploring privacy risks of RFID technology and possible regulatory solutions).
• Paul Ohm, "The Olmsteadian Seizure Clause" (proposing redefinition of a 4th Amendment seizure to recognize a "right to delete" in order to encompass intangible, non-rivalrous data copying) (extended abstract).
• Richard Salgado, "Anticipatory Electronic Surveillance in Anglo-American Law" (describing effect of digitization of audio and voice communications upon the surveillance law of U.S. and other countries, and suggesting an optimal approach to determining when a communication has been "intercepted" rather than merely copied during "storage") (extended abstract).

Many thanks to our authors for their hard work so far. Please, free to comment on any or all of these drafts – we want as much public input as possible before the live Friday event.