Andrew Guthrie Ferguson,
The Internet of Things and the Fourth Amendment of Effects,
104 Cal. L. Rev. 805
Available at: http://scholarship.law.berkeley.edu/californialawreview/vol104/iss4/1
“Smart objects” connected to the “Internet of Things” present new possibilities for technological surveillance. This network of smart devices also poses a new challenge for a Fourth Amendment built around “effects.” The constitutional language protecting “persons, houses, papers, and effects” from unreasonable searches and seizures must confront this change. This Article addresses how a Fourth Amendment built on old-fashioned “effects” can address a new world where things are no longer just inactive, static objects, but objects that create and communicate data with other things.