This is the Kator Daily Podcast for Friday, October 5th, 2018. I'm Caleb Brown.

The Fourth Amendment continues to face challenges from the so-called special needs of

federal authorities and the tantalizing promise of spying technology at even the

local level. At the Cato Institute's Cato Club 200 event in Middleburg, Virginia. I spoke with Matthew

Feeney and Julian Sanchez about the challenges and promise of a more

substantial Fourth Amendment in the years to come. Today we're talking about the Fourth Amendment in the digital age, so I'll begin with this.

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable

searches and seizures shall not be violated and no

warrants shall issue but upon probable cause supported by oath or affirmation and particularly

describing the place to be searched and the persons or things to be seized.

But we're talking about the digital age of course and things have changed since I think a lot of people in courts in one judge in particular which

we'll get to at some point in this discussion views might view this as quaint.

But Julian, I'll start with you to set the stage here

to get to how the courts think about the Fourth Amendment.

We'll talk about the Katz case, but what was the

environment of judicial thinking about your right to privacy

when it comes to new technology

before Katz was decided by the Supreme Court.

You know, so there's not a lot of Fourth Amendment jurisprudence until really the 20th century.

A straggable in a handful of cases, but a lot of that was actually shoehorned into due process arguments.

And the first real case of technology intersecting with the Fourth Amendment comes in the 20s.

There's a fascinating character

...