"The government’s new and intrusive capacities should prompt a rethinking of the law. The rationale that we have no privacy interest in our metadata because we share it with phone or Internet companies to route our communications was always a fiction. After all, this routing information is in the same stream of electrical data that includes the contents of our communications. Both are shared with phone and Internet companies by necessity, but for a purpose: to enable our communications in the modern era, not to share them with anyone but their intended recipients. These companies should not be understood as random third parties to whom in choosing to expose our electronic activity we can be said to forego legitimate expectations of privacy. Instead, they should be viewed as custodians of today’s dominant forms of communication with a duty to protect their confidentiality."
Posted on: Mon, 08 Jul 2013 12:07:30 +0000
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