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A Digital Fourth Amendment

Advisory Opinions

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The Fourth Amendment and the Seizures of Facebook

With Facebook, that could be like every click you've ever made. And so is that a seizure? I would say yes. The government, what matters is the data, not whether you could still access your files when you log into Facebook or something like that. So it's clearly Fourth Amendment protected is just a question of whether it's a seizure to then copy it. That's really the big legal question.

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