과학기술 발전과 프라이버시 보호 기준 변화에 대한 소고- 미국 수정헌법 제4조 판례 분석 중심으로 -

The Fourth Amendment protects people from unreasonable search andseizure by the government. Rapidly growing science and technologies in thetwentieth century have had a great impact on the privacy protection standardof the court under the Amendment. The Trespass Doctrine had been thedominant standard in deciding whether the government had violated the FourthAmendment until the Katz case came along in 1967. Since Katz, the reasonableexpectation of privacy has been the controlling standard for the FourthAmendment. However, we need to review the reasonable expectation of privacystandard to determine whether it is still viable and will be in the near future,given the enormous technological changes that have occurred during the pastforty years. Our privacy has been so much eroded that we no longer haveanything to keep private. It’s hard to find spaces in which we can reasonablyexpect our privacy. Our expectation of privacy in our daily life has beengreatly lowered and will be more so in the future. Moreover, this trend hasbeen insidiously planned and orchestrated by multi-national information powerhouses. They have such a great stake in keeping more information flow,whether it is private or public, so that they can maximize their profits. Alsowe want more information to flow for the sake of convenience and efficiency. It is doubtful that the reasonable expectation of privacy is indeed reasonable. We cannot let our privacy be intruded by the government because of thislowered expectation of privacy. We need to think about a new standard thatmight be more fitting for technological changes in the digital age.