Professor Joh Comments on Cell Phone Privacy Case for Buzzfeed

Professor Elizabeth Joh commented for the online news site Buzzfeed on the U.S. Department of Justice's claim that it had the right to impersonate a young woman by creating a Facebook page in her name without her knowledge as part of an investigation of an alleged drug ring.

The Facebook page was posted using pictures from the woman's cell phone, which was seized as part of the investigation, and was used to communicate with individuals suspected of being part of the drug ring.  The government claims that the woman "implicitly consented" to allow use of her data and images "by granting access to the information stored in her cell phone and by consenting to the use of that information to aid in an ongoing criminal investigations."

"That's a dangerous expansion of the idea of consent, particularly given the amount of information on people's cell phones," said Joh.

In response to the Buzzfeed investigation, the Justice Department has announced it will review the practice.

Professor Joh's scholarship focuses on criminal procedure and policing, with a special emphasis on DNA evidence, undercover policing, and new surveillance technologies.

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