Wayne Logan on Contracting for Privacy
In this episode, Wayne A. Logan, Gary & Sallyn Pajcic Professor of Law at Florida State University College of Law, discusses his article "Contracting for Fourth Amendment Privacy Online," which he co-authored with Jake Linford, and which is published in the Minnesota Law Review. Logan begins by explaining the origins of the modern Fourth Amendment doctrine, and how it relies on both subjective and objective expectations of privacy. He explains the origins of the "third-party" doctrine, which provides that information provided to third parties may not be protected by the Fourth Amendment. He observes that the Supreme Court has recently narrowed the scope of the third-party doctrine. And he reflects on how contractual relationships between consumers and internet service providers could provide information about actual subjective expectations of privacy. Logan's scholarship is available on SSRN.