The "reasonable expectation of privacy" test from Katz has been criticized by some judges and scholars as substituting the personal opinions of a handful of Supreme Court justices for a clear set of legal rules. Such critics state that the people speak through their legislatures on what qualifies for expectations of privacy, and that judges who do so are legislating from the bench. Having read third-party doctrine cases like Smith and Carpenter, you can see how challenging it is to apply the test to emerging technologies.

Justice Gorsuch's separate dissent in Carpenter criticizes both the Katz test AND the third-party doctrine, and his opinion searches for a better way to protect privacy rights. What are the pros and cons of the Katz test as a means of protecting privacy rights, and what concerns you have about privacy protections in the present and future as courts apply old law to emerging technologies? Feel free to draw on other sources of law.