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1. While many are rightfully terrified of Amy Coney Barrett's impact on the long held precedent set by Roe v Wade, I'd implore you to also look to her position on the right to privacy, specifically privacy in your personal data. A Thread. 1/?
2. Constitutional Originalist don't read a right to privacy in the Constitution, this perspective from Amy Coney Barrett, a self described Originalist could greatly shape the lives of every single American in near future.
3. Our lives exist on our electronic devices. Ours laptops, phones, & watches don't just hold our pictures & emails - they study our interactions and learn to predict our behaviors based on location, social media, spending, & cookie.
But is that data yours? Or the corporations?
But is that data yours? Or the corporations?
4. While Data privacy has been largely unlitigated at the federal level a broad range of issues relating individual privacy and consumer data rights is coming.
For instance: What data can law enforcement and government access without your knowledge? When? Why?
Corporations?
For instance: What data can law enforcement and government access without your knowledge? When? Why?
Corporations?
5. Simultaneously states across this country are enacting consumer data privacy laws that serve to protect consumers from the improper or reckless use of their data similar to the EU's GDPR. These laws are nuanced & conflict across states setting the stage for federal cases.
6. These laws are subject of great pushback by corporate interests.
A SCOTUS Justice who refuses to read a right privacy within the Constitution represent a sympathetic vote to corporate interests in personal data when faced w/ interpretations or Constitutionality these laws.
A SCOTUS Justice who refuses to read a right privacy within the Constitution represent a sympathetic vote to corporate interests in personal data when faced w/ interpretations or Constitutionality these laws.
7. What level of your personal data does law enforcement have access to? Can they force you to unlock your phone or laptop if they deem you suspicious? Or do you have a right to privacy in information in a locked device that requires a warrant? https://www.techdirt.com/articles/20200624/15251744774/indiana-supreme-court-says-compelled-decryption-smartphones-violates-fifth-amendment.shtml
8. Should they be allowed to search your phone ? In what circumstance? Federal courts are split. https://nppa.org/news/federal-court-searches-computers-and-cell-phones-border-are-unconstitutional-without-reasonable
9. You are carrying a phone rn w/ location data. When can police access that data to find you?
Only bc 2018 5-4 SCOTUS decision is a warrant req'd for police to obtain cell tower data providing location. Barrett would have changed that decision. https://www.washingtonpost.com/politics/courts_law/supreme-court-rules-that-warrant-is-needed-to-access-cell-tower-records/2018/06/22/4f85a804-761e-11e8-805c-4b67019fcfe4_story.html
Only bc 2018 5-4 SCOTUS decision is a warrant req'd for police to obtain cell tower data providing location. Barrett would have changed that decision. https://www.washingtonpost.com/politics/courts_law/supreme-court-rules-that-warrant-is-needed-to-access-cell-tower-records/2018/06/22/4f85a804-761e-11e8-805c-4b67019fcfe4_story.html
10. The tech and data privacy cases Amy Coney Barrett will see on SCOTUS will overwhelming impact Americans daily use technology and the level of control/ownership in personal data especially that behavioral data that can used by bad actors or corporations to manipulate.
11. This thread only highlighted only a few of the barrage of issues in privacy that this Supreme Court pick might decide.
Make no mistake an originalist will be a sympathetic vote to corporate interests and broad law enforcement over a right to privacy in data. More later...
Make no mistake an originalist will be a sympathetic vote to corporate interests and broad law enforcement over a right to privacy in data. More later...
