January 22, 2008... Constitutional principles concerning digital privacy for Americans.

Techdirt recently reported upon and quoted a paper written by Adam Gershowitz that focuses on our "privacy rights". It suggests (to me) that iPhones, smart phones and similar devices that can not be customized to encrypt all or most of the hard drive should be used "at your own risk".

"Adam Gershowitz writes "I am a criminal law professor from Houston, Texas and I have recently finished an article about the ability of police officers to search the contents of a person's iPhone at a traffic stop. In brief, under what is referred to as the "search incident to arrest doctrine," police can search through any container found on the body of a person who has been arrested. It does not matter that the arrest was for running a stop sign, or speeding, or some other seemingly minor traffic infraction. Regardless of the reason for the arrest, police can search through every container on the person's body, even if the police have no suspicion that there is anything illegal in it. A few courts have concluded that this doctrine permits police to search text messages found on cell phones. My article explores the circumstances under which police can now search not only text messages, but also the email, pictures, movies, calendar entries, and internet browsing history found on iPhones and similar devices -- even if the police have no suspicion that there is anything illegal on the iPhone. In short, the article explores ways in which the police can search through the thousands of pages of data on individuals' wireless technology even if there is no probable cause or other suspicion of illegal activity."

We may all agree that there are no immanent threats to our privacy from our government, but the wise citizen may well decide to prepare himself for the time when this changes. Is it rational to own a mobile device that can't be "armed"?

Write to me. What is your view?