The Digital Fourth Amendment

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The Fourth Amendment In An Age Of Surveillance
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Author : David Gray
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-24
The Fourth Amendment In An Age Of Surveillance written by David Gray and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-24 with Law categories.
This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.
Privacy At Risk
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Author : Christopher Slobogin
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15
Privacy At Risk written by Christopher Slobogin and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-15 with Political Science categories.
Without our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other sophisticated technologies. With just a few keystrokes, records containing our financial information, phone and e-mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation. Applying the Fourth Amendment’s prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching. In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government’s ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age.
The Digital Person
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Author : Daniel J Solove
language : en
Publisher: NYU Press
Release Date : 2004
The Digital Person written by Daniel J Solove and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Computers categories.
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.
The Future Of Foreign Intelligence
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Author : Laura K. Donohue
language : en
Publisher: Oxford University Press
Release Date : 2016-02-23
The Future Of Foreign Intelligence written by Laura K. Donohue and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-23 with Law categories.
Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.
Regulating Blockchain
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Author : Philipp Hacker
language : en
Publisher: Oxford University Press
Release Date : 2019-08-29
Regulating Blockchain written by Philipp Hacker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.
Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation.
Origins Of The Bill Of Rights
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Author : Leonard W. Levy
language : en
Publisher: Yale University Press
Release Date : 1999-01-01
Origins Of The Bill Of Rights written by Leonard W. Levy and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Political Science categories.
Levy offers a panoramic view of the liberties secured by the first ten amendments to the Constitution--a penetrating analysis of the background of the Bill of Rights and the meanings of each provision of the amendments. 5 illustrations.
The Fourth Amendment
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Author : Thomas K. Clancy
language : en
Publisher:
Release Date : 2014
The Fourth Amendment written by Thomas K. Clancy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Constitutional amendments categories.
To view this book's first chapter, click here. This treatise is an accessible and authoritative resource for scholars, judges, practitioners, and others on the Fourth Amendment. It comprehensively treats Supreme Court case law and offers a structural approach to the Fourth Amendment, addressing foundational questions: What is a search? What is a seizure? What does the Amendment protect? When is it satisfied? When does the exclusionary rule apply? The treatise offers ready access to current doctrine. The historical events and the development of search and seizure principles over time provide perspective. Fourth Amendment jurisprudence is in constant change and this second edition incorporates all Supreme Court developments since the first edition, including important cases on the definition of a "search," searches of vehicles, exigent circumstances, dog searches, and the exclusionary rule. It also adds hundreds of lower court cases. The second edition includes a new introductory section on digital evidence in Chapter 1, highlighting the increasing importance of such evidence, and has additional treatment of digital evidence throughout. Although the structure of the first edition has been retained, every section of the new edition has new material and many of sections have been substantially revised.
United States Code
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Author : United States
language : en
Publisher:
Release Date : 2008
United States Code written by United States and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The Fourth Amendment Third Party Doctrine
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Author : Richard Thompson II
language : en
Publisher: CreateSpace
Release Date : 2014-10-31
The Fourth Amendment Third Party Doctrine written by Richard Thompson II and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-31 with categories.
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.
The Constitution And Criminal Procedure
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Author : Akhil Reed Amar
language : en
Publisher: Yale University Press
Release Date : 1997-01-01
The Constitution And Criminal Procedure written by Akhil Reed Amar and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Law categories.
Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.