This law review article by Rebecca Wexler from June 10, 2021, was published by the Harvard Law Review provides an excellent overview of the continuing conflict between privacy law and criminal law. Evident from the opening sentence of the article (“This Article exposes a profound and growing injustice that major technology companies have propagated through every level of the judiciary under the guise of protecting data privacy.”), Professor Wexler makes her position clear, but is a must-read for privacy advocates and criminal defense advocates. Because privacy law’s conflicts with digital evidence in criminal law parallel its conflicts with digital assets in probate law, this is also a must-read for trust and estate lawyers and fiduciaries who advise on digital assets.
