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California, 1990)". [22] There is a reasonable expectation of privacy for the contents of a cellphone. [23] Cellphones receive Fourth Amendment protection because they no longer contain just phone logs and address books; they contain a person's most sensitive information that they believe will be kept private. [23]
Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008), [1] is a case in which the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that immunity under Section 230 of the Communications Decency Act (CDA) did not apply to an interactive online operator whose questionnaire violated the Fair Housing Act.
In the Supreme Court case California v. Greenwood, protections similar to those afforded to correspondence have even been argued to extend to the contents of trash cans outside one's house, although it turned out to be unsuccessful. Like all rights derived through litigation, the secrecy of correspondence is subject to interpretation.
To be successful, a plaintiff "must show the defendant penetrated some zone of physical or sensory privacy" or "obtained unwanted access to data" in which the plaintiff had "an objectively reasonable expectation of seclusion or solitude in the place, conversation or data source." [5]
[3] The reasonable expectation of privacy standard, now known as the Katz test, was formulated in a concurring opinion by Justice John Marshall Harlan II. [ 4 ] The Katz test has since been used in numerous cases, particularly because of technological advances that create new questions about privacy norms and government surveillance of personal ...
In Katz v.United States (1967), the United States Supreme Court established its "reasonable expectation of privacy" test.It overturned Olmstead v.United States (1928) and held that warrantless wiretaps were unconstitutional searches, because there was a reasonable expectation that the communication would be private.
"It is preferable to dispose of this case on narrower grounds." He accepted, for argument's sake, three points: that Quon had a reasonable expectation of privacy in his pager messages, that the review of them constituted a search and that the same principles governing a physical search of a public employee's workspace applied to electronic privacy.
The person has already provided the information to a third party, e.g., their telephone company, so they no longer have a reasonable expectation of privacy to the information and, therefore, there is no Fourth Amendment requirement to obtain court approval to obtain the information. [11]