The Fourth Amendment of the US Constitution, also known as the “search and seizure clause” includes: government officials are prohibited, in the absence of probable cause, from detaining, or searching and seizing, a person, or his/her information. The founding fathers intended to protect “persons, houses, papers, and effects.” Privacy is important because the information might be used in ways that are actually harmful. If national security is at stake, then a warrant is not needed. The electronic data gathering law originated in 1978 (Foreign Intelligence Surveillance Act) and amended in 2001 (Patriot Act). As new technology providers emerge, personal information is being stored: contact info, age, likes, dislikes, etc. Google, Facebook, AT&T and others are collecting information and doing the government a favor. For example, law enforcement must attain authorization from a court judge to monitor landline phones. On the other hand, personal digital information is sent from technology service providers around the world. As people e-mail, text, browse internet, and use social media, trends and data are stored anonymously by the International Mobile Subscriber Identity. When third-parties retrieve data, the right to privacy is essentially forfeited (Third-Party Doctrine). We don’t have a baseline consumer privacy law. When customers use technology, a signature or ‘I Agree’ is required to ensure rights. In reality, most of the privacy and rights are forfeited in the ‘Terms of Service’ agreement. Therefore, we feel it is imperative to encourage an initiative/referendum including privacy, liability, and information sharing clauses to be created in the Penal Code. Legislation must be revised to deal with policies permitting government agencies and corporations to abuse personal data. The government and big corporations share the responsibility equally to balance security and privacy. Finally, service user agreements must be shorter and simple to understand.