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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: 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: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Publisher: ISBN: Category : Computers Languages : en Pages : 108
Author: Doreen Gonzales Publisher: Enslow Publishers, Inc. ISBN: 9781598450620 Category : Juvenile Nonfiction Languages : en Pages : 132
Book Description
Looks at the reasons for the adoption of the Fourth Amendment, describes the laws it sets forth, and discusses challenges to and violations of the amendment.
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: 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: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Publisher: ISBN: Category : Carnivore (Computer file) Languages : en Pages : 126
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: Neil Richards Publisher: Oxford University Press ISBN: 0199946159 Category : Law Languages : en Pages : 241
Book Description
Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
Author: Nancy S. Lind
Author: Nancy S. Lind
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Author: Doreen Gonzales
Author: Orin S. Kerr
Author: Michael C. Gizzi
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Author: Dieter Dörr
Author: United States. Congress. House. Committee on the Judiciary
Author: Orin S. Kerr
Author: Neil Richards