Under the reasonable expectation of privacy test, the Fourth Amendment protects none of this stuff because we give it away voluntarily. Of course, we really have no choice—unless we go off the grid and live in a cave somewhere. The Supreme Court knows it needs to figure out what to do about this loophole in the law because Congress isn’t regulating how our data trail can be used by the government or by the private sector. Technology is moving so fast, and the Constitution just isn’t keeping up. The court recently pulled back on the rule that if you tell a “third party,” you waive your Fourth
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