1. Selected Surveillance Laws The Fourth Amendment to the U.S. Constitution The Wiretap Act, 18 U.S.C. 2701-2712 (prospective surveillance in the future) The Stored Communications Act, 18 U.S.C. 2701-2711 (retrospective surveillance in the past) The Communications Assistance for Law Enforcement Act, 47 U.S.C. 1002 (mandated access to prospective surveillance) The All Writs Act of 1789, 28 U.S.C. 1651 (compelled assistance) 2. Carpenter v. United States, 138 S. Ct. 2206 (2018) 3. FBI Director James Comey, "Going Dark: Are Technology, Privacy, and Public Safety on a Collision Course?," Remarks Delivered at the Brookings Institution, October 16, 2014. 4. The San Bernardino Case: Apple v. FBI Ellen Nakashima , "Apple Vows to Resist Demand to Crack iPhone Linked to San Bernardino Attacks," The Washington Post, February 17, 2016 Kristin Finklea, Richard Thompson, Chris Jaikaran, "Court-Ordered Access to Smart Phone: In Brief," Congressional Research Service, February 23, 2016 Katie Brenner and Eric Lichtblau, "U.S. Says It Has Unlocked iPhone Without Apple," The New York Times, March 28, 2016. 5. Kaveh Waddell, "Encryption is a Luxury," The Atlantic, March 28, 2016

1. There is little question among experts that the technological advancements of the last several decades have had a profound effect on personal privacy. The reasonable expectation of privacy test and the third party doctrine render a great deal of our interactions and participation in society public, insofar as they are captured by technology. How, if at all, should interpretations of the Constitution be adjusted to accommodate this reality? Or, should it be up to citizens to adjust the ways in which they use technology in light of how the Fourth Amendment is interpretated?

2. The central legal questions in the Apple v. FBI San Bernardino case were never resolved due to the way in which the case concluded. This has left the law in a liminal state, at least until another court takes up the issue or Congress introduces legislation. For now, the obligations are unclear. If a company approached you seeking your advice about how they should approach security measures in their product design, how would you advise them, and why?