of privacy, that would be an unlawful search. this is an area where the emergence of new technologies makes it likely, i believe, that should you be confirmed you will have to consider 4th amendment claims in light of circumstances that couldn t have been anticipated at the time of the drafting of the constitution, and indeed, constitutional interpretation has already evolved over time to adapt to the reality of new technologies from phone booths, classic case in the late 1960s about whether a closed phone booth door demonstrates an expectation of privacy, to more recent case law involving geo location data from cell phones. i want to urge you, should you be confirmed, to remain vigilant about how the emergence of new technologies, the way that they become ubiquitous in our lives, the way that virtual spaces are