Anmerkungen:
In: 68 UCLA L. Rev. Disc. 160 (2020)
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments July 16, 2020 erstellt
Beschreibung:
In March 2020, Jump, Uber's escooter subsidiary, sued the Los Angeles Department of Transportation over a rule that requires the company to share realtime location data about its escooters with the city government. Jump argues that the rule operates in practice as a warrantless administrative search. It also argues that all the data it collects from its users are part of its business records and is thus its private property. This Essay argues that a ruling recognizing that all of the data collected by platforms are their property, and that all data requests are searches, would further insulate platforms from democratic and regulatory control at a time when our era of informational capitalism is already characterized by remarkable platform power. Data sharing programs, however, can be designed in ways that are privacy aware and compliant with current Fourth Amendment doctrine; this Essay briefly discusses how