‘Katz’ Lawyer Sees Privacy Erosion Under Trump

The 1967 Katz v. United States Supreme Court privacy ruling held that the Fourth Amendment “protects people rather than places,” and established the legal reasoning behind privacy rules today. Harvey Schneider was a recent graduate of USC law school when he devised the legal theory that persuaded the Court: “We feel that the right to privacy follows the individual and that whether or not he’s in a space enclosed by four walls and a ceiling and a roof, or in an automobile, or in any other physical location, is not determinative of the issue of whether or not the communication can ultimately be declared confidential.” Schneider, now retired from a post as Los Angeles Superior Court judge, told Ars Technica that the pending presidency of Donald Trump gives him pause. “I think the guy’s a moron and has no idea of what governance is,” Schneider said. “It’s going to be a tough ride. I have a feeling that privacy is just one of the areas where there could conceivably be an erosion.”