NACDL - The Fourth Amendment and Data: Put Privacy Policies in the Trial Record

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The Fourth Amendment and Data: Put Privacy Policies in the Trial Record

In cases where the government has accessed data about a defendant that was subject to a phone company or internet service provider privacy policy, that data was something that belonged to the defendant. When the data was seized and then searched, it affected a real legal interest held by the defendant. Defense counsel should put the privacy policies and terms of service statements of such providers into the trial record. It creates a foundation for arguing that defendants have property rights in their digital papers and effects.