Protecting Elites: An Alternate Take on How US v. Jones Fits into the Court’s Technology Jurisprudence

Download Full Text PDF

This Article argues that the Supreme Court’s technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices’ greater relative affluence and elevated social position.

Tamara Rice Lave, Protecting Elites: An Alternate Take on How US v. Jones Fits into the Court's Technology Jurisprudence, 14 N.C. J.L. & Tech. 461 (2013), available at http://ncjolt.org/wp-content/uploads/2013/06/12_Lave_Final_14.2.pdf

The North Carolina Journal of Law & Technology has adopted the Open Access Program, a part of the Scholar’s Copyright Project created by Science Commons. Authors designate the conditions under which their articles are licensed. By downloading articles, you agree to comply with the license terms specified. Please contact NC JOLT at eic.ncjolt@gmail.com with permissions inquiries.