KIDS THESE DAYS: SOCIAL MEDIA, EVOLVING EXPECTATIONS OF PRIVACY, AND IMPLICATIONS FOR THE FOURTH AMENDMENT

While scholars have suggested social media and other digital communications are eroding expectations of privacy, there is minimal evidence supporting this concern. The present Article provides an important look into how expectations may be changing with two empirical studies examining whether age is related to expectations of privacy. Age could be related to privacy protections either because, (1) development of decision making affects how people view their privacy (Developmental Hypothesis) or (2) there are societal differences that shape privacy expectations that have changed over time (Generational Hypothesis). The first study compares prior research on adult expectations of privacy and court holdings with adolescents' expectations of privacy and finds that, while there are some similarities among these groups, adolescents' expectations do differ from adults' in several key aspects. The second study attempts to explain why there is this difference. By comparing expectations of privacy with age, experience with social media, and development of decision making capabilities, the second study finds limited support for both the Developmental and the Generational Hypotheses. The Article concludes with recommendations on ways courts can use empirical research to remain cognizant of evolving expectations of privacy in the digital age.