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US District Court Blocks New York City Data Collection, Ordinance Violates Fourth Amendment

Marc Rotenberg, Bilyana Petkova


Airbnb, Inc, and v City of New York, Decision of the US Court for the Southern District of New York of 3 January 2019
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 companies to provide monthly records containing personal information of the companies’ users is an unreasonable search and seizure within the meaning of the Fourth Amendment.

Marc Rotenberg, President of the Electronic Privacy Information Center (EPIC), Adjunct Professor, Georgetown University Law Center. Co-author (with Anita Allen), Privacy Law and Society (EPIC 2016). For correspondence: <>. Bilyana Petkova, Assistant Professor, Maastricht University School of Law and Fellow-in-Residence at EPIC. For correspondence: <>.


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