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Reviews in Review
By Ellen S. Podgor
Reviews in Review columns.
Daniel J. Solove
Digital Dossiers and the Dissipation of Fourth Amendment Privacy
75 Southern California Law Review 1083 (2002)
Professor Daniel Solove begins this article by providing a
frightening list of information accessible to the public and thus, the
government. He describes the numerous dangers of permitting government
accumulation of private data such as “extensive government-gathering
from third part records,” which he aptly notes can “implicate[ ] the
right to speak anonymously.” He states that “by obtaining private sector
records, the government can conduct the type of ‘fishing expeditions’
that the Framers feared.”
He summarizes the many different legal theories expressed by
leading scholars on Fourth Amendment privacy issues. Professor Solove
argues for increased oversight of the government’s obtaining of
information. For example, he argues that “the Fourth Amendment
architecture should be resurrected statutorily, by heightening the
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