The Intersection of Technology and Confidentiality: Did that Gmail Just Blow Privilege?
Technology is both invasive and pervasive, and it can raise some novel legal questions. In this presentation, I address the impact that technology can have on privacy, privilege, and the practice of law. Among other topics, I discuss three cases of note:
Commonwealth of Pennsylvania v Kurtz, addressing privacy in online searches
US v Heppner, addressing privilege of AI-generated materials
Chatrie v US, addressing privacy in cell phone location information
These cases highlight the tensions between privilege and privacy on one hand, and the third party doctrine on the other. This is a rapidly moving and highly unsettled area of law, so knowledge of the issues is key for the diligent attorney.