I Spy: The New Self-Cybersurveillance and the "Internet of Things"

"It won't be a question anymore of whether things are connected. We're going to move toward a learning model where your home actually observes how you're living inside it and adapts itself toward your needs." George Yianni* 1Table of ContentsI. Introduction 1461II. Background 1467A. "Traditional" Surveillance 1467B. Modern Self-Surveillance and the Internet ofThings 1469C. Linking Self-Surveillance to the Government-Public-Private Partnerships and the New Informants 14751. A Significant Source of Government Information: Companies Tracking Individuals 14752. Government Use of Private Companies 1479III. Implications of Self-Cybersurveillance 1482A. The Downward Slope of Privacy Protection 1482B. Proposed Safeguards 14841. Adapt Existing Case Law 14842. Reconstitute the Public-Private Distinction 14883. Provide Incentives to Privatize Information- Revisit Consent 14904. Limit Bulk Collection of Data Unless Justified by Time, Place, andCircumstance 1493a. Require Particularity 1493b. Keep the Warrant Requirement as the General Rule 14955. Keep Score-Legislate How Private Companies Are Doing With Our Privacy, Especially with Government Sharing 14966. Maintain Constitutional Accountability of the Military-Revitalize the Third Amendment's Role by Limiting Cyber Soldiers in and Around Civilian Life 1498IV. Conclusion 1500I. IntroductionA quotidian routine likely occurs in millions of residences around the globe every morning. An adult stumbles out of bed in the pre-dawn winter, turns on the lights, grabs a cup of coffee, and operates the television remote to catch the news and traffic. She then adjusts the thermostat, checks her watch, and goes outside to start warming up her car. Several minutes later, she drives away.The entire routine depicted above is now undergoing a profound transformation. The objects used in such activities now have multifunctional capabilities. While appealing to users for their convenience, the devices will generate personal, even intimate, information.2 The so-called "Internet of Things" describes the way these devices can connect to each other through the Internet to generate and share information.3 More than that, these devices can "learn" how to improve the functionality of their actions.4The nature and journey of the information generated by "smart" home devices and wearable technology have considerable legal significance.5 While the homeowner initially controls all of the devices, the information generated may be accumulated by the manufacturer that created the device and transferred to the commercial marketplace or, ultimately, the government.6The nature and quantity of information produced by devices whose form and function are separated will be extensive. The lighting device can "learn" the "household's daily patterns over time and set itself to turn on the lights just before the family starts arriving home in the evening."7 The lighting mechanism can even learn to turn on low light when the occupant gets out of bed at night.8 The television can be triggered by voice activation, which means it can "listen" to the speaker and anyone else talking in the room in which the set is located. …