US District Court Affirms Fourth Amendment against New York City Ordinance that Would Have Required Airbnb and Home Away to Disclose Large Amounts of Personal Data

European Data Protection Law Review (EDPL), 2019, Forthcoming

4 Pages Posted: 11 Mar 2019

See all articles by Marc Rotenberg

Marc Rotenberg

Georgetown Law; Michael Dukakis Institute for Leadership and Innovation - Center for AI and Digital Policy

Bilyana Petkova

Middlesex University London; Yale University - Yale Information Society Project

Date Written: March 11, 2019

Abstract

The Fourth Amendment of the United States Constitution guarantees the ‘right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.’ The Fourth Amendment is violated when a search or seizure is found to be unreasonable. A New York City Ordinance requiring home-sharing platforms to hand in monthly records to the municipality containing personal information of the platforms’ users is an unreasonable search and seizure within the meaning of the Fourth Amendment.

Keywords: US Fourth Amendment, privacy, NYC, Airbnb, smart cities

Suggested Citation

Rotenberg, Marc and Petkova, Bilyana, US District Court Affirms Fourth Amendment against New York City Ordinance that Would Have Required Airbnb and Home Away to Disclose Large Amounts of Personal Data (March 11, 2019). European Data Protection Law Review (EDPL), 2019, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3350501

Marc Rotenberg (Contact Author)

Georgetown Law ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

Michael Dukakis Institute for Leadership and Innovation - Center for AI and Digital Policy ( email )

Boston, MA 02108
United States

Bilyana Petkova

Middlesex University London ( email )

, The Burroughs, Hendon, London, United Kingdom
London, NW4 4BT
United Kingdom

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

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