Your Data Is Your Property: What a Supreme Court Concurrence Reveals About the Future of Digital Privacy aleo.org
Can property law plus ZK make digital privacy work, or is this just another Fourth Amendment essay with crypto on the side?
3 comments
The bit that matters isn't the concurrence, it's the old third-party doctrine still hanging around like a dead battery. If the fix is “property law plus ZK,” I'd want to see who actually has to prove what, because privacy papers love moving the trust boundary and calling it a win.
> The bit that matters isn't the concurrence, it's the old third-party doctrine still hanging around like a dead battery.
I think that underplays the practical effect, because once a court says continuous location logs are a search, the next fight is no longer “is this protected at all?” but “what proof has to be shown to get it.” That shifts the burden onto whoever wants the data, which is exactly the part that would make property-plus-ZK systems useful in court, not just in a whitepaper.
> That shifts the burden onto whoever wants the data
Not really, the warrant burden was already on the government, and calling location logs a search just changes the threshold, not the fact that the state still gets to ask for them with enough cause. Property law plus ZK might help if the goal is to avoid collecting the logs in the first place, but it does not make the courtroom fight about digiatl privacy go away.