Privacy is a squishy concept, one that constantly evolves with the times—and with changing technologies. Advances in how we store and communicate information shift expectations around what we can keep to ourselves, and what the rest of the world is able to know. The disruption of established privacy norms is nothing new: People were concerned when the postcard came out, for example, because they believed mail should be private[1].
Still, there's a growing sense that our privacy is more vulnerable now than ever before. The technologies and devices we consider essential to modern life also create an exhaustive record of where we go, who we interact with, how we entertain ourselves, and more. The consequences of that come into sharp focus when we learn, as we have over the last several years, how often corporations fail to safeguard[2] our most sensitive information, or that the government is secretly spying on us[3].
There are measures you can take to lock down your own data[4], but broader protections may require new legislation or even reimagining our constitutional rights for the digital era; after all, the Fourth Amendment's protection against "unreasonable" searches and seizures gives significant room for interpretation. The push for more privacy has been gaining momentum[5]. Now the question is whether the courts, the federal government, or the states will step in to protect our privacy. Its future is still up for grabs.
A Major Win
The Supreme Court handed privacy advocates some good news in June with Carpenter v. United States[6]. In a 5-4 decision, it ruled that the government generally needs a warrant to get cell site location records, which are automatically generated whenever a mobile phone connects to a