Article Written for:  Law360.com

Americans place a high value on privacy, dating back to the foundation of our country and the Fourth Amendment right to be secure in our “persons, houses, papers, and effects.” Interestingly, the word “privacy” is not found in the Fourth Amendment. Over time and through legal battles, however, courts have come to recognize a fundamental “zone of privacy” contained within the “penumbra” of rights protected by the Constitution.[1] Now, with advances in artificially intelligent devices and machine learning, individuals willingly sacrifice that hard-fought privacy in return for the many conveniences offered by “smart” digital assistants.