Download - Future of the Internet – And how to stop it.

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Solutions
tend them to be there only for our own use—it is important to export the values
of privacy against government intrusion along with them. For remotely
stored data, this suggests limiting the holdings like that of SEC v. Jerry T.
O’Brien, Inc. to financial records held by brokers similar to the ones in that case,
rather than extending the relaxation of Fourth Amendment protections to all
cases of third-party custody of personal information. The balance of accessibility
for financial transactions need not be the same as that for our most personal
communications and data. This is a reasonable limit to draw when the physical
borders of one’s home no longer correlate well with the digital borders of one’s
private life. Indeed, it is simply extending the protections we already enjoy to
fit a new technological configuration. That is the spirit of Chapman v. United
States, 59 in which a police search of a rented house for a whiskey still was found
to be a violation of the Fourth Amendment rights of the tenant, despite the fact
that the landlord had consented to the search. 60 The Court properly refused to
find that the right against intrusion was held only by the absentee owner of the
place intruded—rather, it was held by the person who actually lived and kept
his effects there. Similarly, the data we store for ourselves in servers that others
own ought to be thought of as our own papers and effects in which we have a
right to be secure.
There is some suggestion that the courts may be starting to move in this direction.
In the 2007 case Warshak v. United States, the U.S. Court of Appeals
for the Sixth Circuit held that the government’s warrantless attempt to seize
e-mail records through an ISP without notice to the account holder violated
Fourth Amendment privacy rights. 61 At the time of writing, the ruling stands,
though it faces further review. 62
The ability to store nearly all one’s data remotely is an important and helpful
technological advance, all the more so because it can still be made to appear to
the user as if the data were sitting on his or her own personal computer. But this
suggests that the happenstance of where data are actually stored should not
alone control the constitutional assessment of which standard the government
must meet.
BALANCING GENERATIVE AND NON-GENERATIVE SYSTEMS
Code thickets
A number of scholars have written about the drawbacks to proprietary rights
thickets: overlapping claims to intellectual property can make it difficult for