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Recent Development: Spring Training for Electronic Search: Examining U.S. v. Comprehensive Drug Testing, Inc. with Regards to Evolving Trends In Computing

Abstract

This Recent Development discusses the framework for electronic search that was laid out by the Ninth Circuit in U.S. v. Comprehensive Drug Testing, Inc. Though the Ninth Circuit’s framework has positive elements, the framework is fatally flawed because it does not account for the rapid evolution of computing technologies and does not account for recent computing trends, such as cloud computing. This Recent Development makes recommendations about how the existing parts of the Ninth Circuit’s framework could be modified to create an electronic search framework that would provide lasting privacy protections to individuals in a world of rapid technological evolution.