" The lore on the right to individual privacy includes the early 17th century judicial remarks of Sir Edward Coke that "the house of every one is to him as his castle and fortress". William Pitt went further, in more florid terms, the following century: " The poorest man may, in his cottage, bid defiance to all the force of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; but all his force dares not cross the threshold of the ruined tenement." William Pitt, 1st Earl of Chatham, March 1763 In short, the law fortifies and secures the sanctity of even, and perhaps especially, the most humble of abodes from governmental intrusion."
"Whereas Pitt's poor man has the law, and perhaps only the law, on his side to protect against governmental intrusion, there is an altogether different paradigm in the digital context. A warrant and prior notice might lead to a door being knocked down and law enforcement rifling through the property for material, but it isn't as straightforward for obtaining access to information stored on a more heavily fortified possession: our phones."
Judicial remarks by Sir Edward Coke and William Pitt articulated the sanctity of the home and protection from governmental intrusion. Legal doctrines developed to require warrants and prior notice, including knock-and-announce rules, to govern law enforcement searches. Digital devices present a different paradigm because data storage is fortified by technological defenses. Strong device security and end-to-end encryption act as digital castles that scramble and withhold content from third parties. These cryptographic protections complicate traditional warrant-and-notice approaches and make obtaining access to information on devices, such as phones, technically and legally more challenging.
Read at ComputerWeekly.com
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