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Author: Orin S. Kerr Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This Article offers a general framework for applying the Fourth Amendment to the Internet. It assumes that courts will seek a technology-neutral translation of Fourth Amendment principles from physical space to cyberspace, and it considers what new distinctions in the online setting can reflect the function of Fourth Amendment protections designed for the physical world. It reaches two major conclusions. First, the traditional physical distinction between inside and outside should be replaced with the online distinction between content and noncontent information. Second, courts should require a search warrant that is particularized to individuals rather than Internet accounts to collect the contents of protected Internet communications. These two principles point the way to a technology-neutral translation of the Fourth Amendment from physical space to cyberspace.
Author: Orin S. Kerr Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This Article offers a general framework for applying the Fourth Amendment to the Internet. It assumes that courts will seek a technology-neutral translation of Fourth Amendment principles from physical space to cyberspace, and it considers what new distinctions in the online setting can reflect the function of Fourth Amendment protections designed for the physical world. It reaches two major conclusions. First, the traditional physical distinction between inside and outside should be replaced with the online distinction between content and noncontent information. Second, courts should require a search warrant that is particularized to individuals rather than Internet accounts to collect the contents of protected Internet communications. These two principles point the way to a technology-neutral translation of the Fourth Amendment from physical space to cyberspace.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Publisher: ISBN: Category : Computers Languages : en Pages : 108
Author: David Gray Publisher: Cambridge University Press ISBN: 1107133238 Category : Law Languages : en Pages : 319
Book Description
This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.
Author: Nancy S. Lind Publisher: Bloomsbury Publishing USA ISBN: Category : Technology & Engineering Languages : en Pages : 418
Book Description
A collection of expert essays examines the privacy rights that have been lost in the post-9/11 era—giving students and others the knowledge they need to take back their constitutional protections. This timely two-volume collection shares information every citizen should have, tackling the erosion of privacy rights engendered by the ability of digital technology to intercept, mine, and store personal data, most often without the knowledge of those being monitored. Examining its subject through the lens of Fourth Amendment rights, the work focuses on technological advances that now gather personal data on an unprecedented scale, whether by monitoring social media, tracking cell phones, or using thermal imaging to watch people's movement. It also examines the possible impact of the widespread gathering of such data by law enforcement and security agencies and by private corporations such as Google. Organized by hot-button topics confronting U.S. citizens in the post-9/11 era, the work reviews the original intent of the Fourth Amendment and then traces the development and erosion of interpretations of that amendment in the 21st century. Topical essays offer a comprehensive treatment and understanding of current Fourth Amendment issues, including those that have been brought before the courts and those relative to the continuing governmental and societal emphasis on security and public safety since the Columbine shootings in 1999 and the events of September 11, 2001.
Author: Federico Alberto Cantón Publisher: ISBN: Category : Civil rights Languages : en Pages : 99
Book Description
The purpose of the study was to determine how the Fourth Amendment is treated in the age of the internet. To determine the degree of the significance of this relationship a comparative approach is used. Court opinions from cases involving other technological innovations and the Fourth Amendment were examined and their reasoning was compared to that of cases involving the internet and the Fourth Amendment. The results indicated that contrary to some fears that the internet would require a different approach with respect to the law it actually did not present many novel barriers to its application. The principle conclusion was that the reasoning used in cases involving older technologies, namely the test outlined in Katz v. United States, was consistently applied even in the age of the internet.
Author: Richard Thompson II Publisher: CreateSpace ISBN: 9781503009066 Category : Languages : en Pages : 30
Book Description
In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government access to, as a matter of Fourth Amendment law, a vast amount of information about individuals, such as the websites they visit; who they have emailed; the phone numbers they dial; and their utility, banking, and education records, just to name a few. Questions have been raised whether this doctrine is still viable in light of the major technological and social changes over the past several decades.
Author: Dieter Dörr Publisher: Walter de Gruyter ISBN: 3110276151 Category : Social Science Languages : en Pages : 396
Book Description
The rapid change of the culture of communication constantly poses new threats for the right to privacy. These do not only emanate from States, but also from private actors. The global network of digital information has turned the protection of privacy since a long time into an international challenge. In this arena, national legal systems and their underlying common values collide. This collection convenes contributions from European, Australian and US experts. They take on the challenge of providing an intercontinental analysis of the issue and answer the question how the right to privacy could be defended in future.
Author: Michael C. Gizzi Publisher: University Press of Kansas ISBN: 0700622578 Category : Political Science Languages : en Pages : 200
Book Description
When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and jurisprudence over time, with particular emphasis on decisions of the Roberts Court. Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court’s relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court’s small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia. At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as we address the enduring question of how to balance freedom against security in the context of the challenges of the twenty-first century.
Author: Sarah A. Seo Publisher: ISBN: 0674980867 Category : History Languages : en Pages : 353
Book Description
Policing the Open Road examines how the rise of the car, that symbol of American personal freedom, inadvertently led to ever more intrusive policing--with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile transformed American freedom in radical ways, leading us to accept--and expect--pervasive police power. As Policing the Open Road makes clear, this expectation has had far-reaching political and legal consequences.--
Author: Orin S. Kerr
Author: Orin S. Kerr
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Author: David Gray
Author: Nancy S. Lind
Author: Federico Alberto Cantón
Author: Orin S. Kerr
Author: Richard Thompson II
Author: Dieter Dörr
Author: Michael C. Gizzi
Author: Sarah A. Seo