Katherine Minorini
A person’s right to privacy is so fundamental that it was written into the United States Constitution under the Fourth Amendment. This right, although protected, is not absolute, especially in circumstances involving voluntary disclosure of information to third parties. Issues arise when the third-party exception to the Fourth Amendment is coupled with the novel capabilities and innovations of the Internet of Things, especially with the smart home. This Essay argues that courts need to adapt their interpretation and application of the third-party doctrine so that information disclosed to and recorded by smart home manufacturers and servers respects Fourth Amendment privacy interests.