My point is that even under current 4th Amendment law, I can make what I think are valid arguments as to why the 4th Amendment should apply to data stored in a cloud (as long as the appropriate conditions exist). I really think, though, that we shouldn’t be using cases that were decided thirty years ago or a hundred and thirty years ago to set the standard for 4th Amendment privacy in an era of advancing technology. As I argued in that law review article, I think we need to move beyond a purely spatial approach to privacy to approaches that encompass both spatial and non-spatial privacy.
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