Panel on Implementing the Mosaic Theory of the Fourth Amendment

A few weeks ago, at the Privacy Law Scholars Conference in Washington, DC, a group of privacy activists put on a panel about how to implement the mosaic theory of the Fourth Amendment from the two concurring opinions in United States v. Jones. They selected six proposals from a dozen or so that were submitted, and each of the six authors briefly presented their views. Some Q&A followed, and then the audience voted. Although the original idea of the panel was to be on implementing the mosaic framework, it turned into a broader debate on Jones and privacy in new technologies.

The organizers generously let me crash the party to explain why I think courts should not implement the mosaic theory, as I argue in my forthcoming article on the subject. (Presenting such views at a conference like PLSC is something like celebrating the jurisprudence of Justice Brennan at a Federalist Society event.) Anyway, the panel was recorded and posted on Youtube. I thought readers interested in the future of Jones and the mosaic theory specifically might want to now about it. The presenters were Marc Blitz, Susan Freiwald, Jim Harper, Peter Swire, Chris Slobogin, and me. Comments during the Q&A came from Dan Solove, Paul Ohm, and others.

If you want to know how the audience voted, see here.