The Fourth Amendment Third Party Doctrine
DOWNLOAD
Download The Fourth Amendment Third Party Doctrine PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Fourth Amendment Third Party Doctrine book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Fourth Amendment Third Party Doctrine
DOWNLOAD
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 Fourth Amendment Third Party Doctrine
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2014
The Fourth Amendment Third Party Doctrine written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
A Cognitive Theory Of The Third Party Doctrine And Digital Papers
DOWNLOAD
Author : H. Brian Holland
language : en
Publisher:
Release Date : 2018
A Cognitive Theory Of The Third Party Doctrine And Digital Papers written by H. Brian Holland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
For nearly 200 years, an individual's personal papers enjoyed near-absolute protection from government search and seizure. That is no longer the case. With the widespread adoption of cloud-based information processing and storage services, the third-party doctrine operates to effectively strip our digital papers of meaningful Fourth Amendment protections.This Article presents a new approach to reconciling current third-party doctrine with the technological realities of modern personal information processing. Our most sensitive data is now processed and stored on cloud computing systems owned and operated by third parties. Although we may consider these services to be private and generally secure, the law does not currently require the government to obtain a warrant to access our information. The third-party doctrine creates a sweeping exception to the warrant requirement for any information exposed to a third party--even where that third party is an automated computing system rather than a human. As a result, our personal papers now receive no more protection than any other piece of potential evidence. In practical terms, they receive less. This ahistorical approach undermines the essential balance between an individual's interest in privacy and the public's interest in law enforcement. Many have identified and tried to rectify the privacy problems created by this shift, but it has proven difficult to articulate a limitation to the third-party doctrine that is both consistent with existing principles and feasible in practice.The Article begins with the intimate connection among freedom of thought, privacy of thought, and the longstanding enumeration of “papers” as a distinct object of Fourth Amendment protection. This historical understanding, which prior generations recognized intuitively, now finds strong support in contemporary cognitive science. Modern models of human cognition reveal how papers serve as cognitive artifacts performing cognitive tasks. These models furnish a set of proxy characteristics for reliably singling out those personal papers whose protection would most likely serve constitutional values. The result is a coherent and workable method for bringing needed discipline to the third-party doctrine and restoring equilibrium to information privacy.
The Fourth Amendment
DOWNLOAD
Author : Lucille E. Huff
language : en
Publisher:
Release Date : 2014-01-01
The Fourth Amendment written by Lucille E. Huff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with Law categories.
Before there were emails, instant messaging, and other forms of electronic communication, it was much easier for the courts to determine if a government investigation constituted a Fourth Amendment "search." If the police intruded on your person, house, papers, or effects--tangible property interests listed in the text of the Fourth Amendment--that act was considered a search, which had to be "reasonable" under the circumstances. However, with the advent of intangible forms of communication, like the telephone or the Internet, it became much more difficult for judges to determine when certain surveillance practices intruded upon Fourth Amendment rights. With these legal, social, and technological trends in mind, this book explores the third party-doctrine, including its historical background, its legal and practical underpinnings, and its present and potential future applications. It explores the major third-party doctrine cases and fits them within the larger Fourth Amendment framework. It surveys the various doctrinal and practical arguments for and against its continued application. Lastly, this book describes congressional efforts to supplement legal protection for access to third-party records, as well as suggesting possible future directions in the law.
Third Party Doctrine Redux
DOWNLOAD
Author : Matthew D. Lawless
language : en
Publisher:
Release Date : 2014
Third Party Doctrine Redux written by Matthew D. Lawless and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The dark secrets brought to light by America Online's recent exposure of 658,000 of its users' search records reveal both a societal expectation of privacy in Internet searches, and an increased likelihood that such information will be used as evidence in criminal proceedings. In the absence of a statutory suppression remedy, the only bar to those records becoming Exhibits A-Z is a Fourth Amendment that, while purporting to protect expectations of privacy society would deem reasonable, utterly fails to consider what society has said about Internet searches. Increasingly, this means that courts will be faced with a choice: uphold the third party doctrine to the letter of Smith v. Maryland - or protect those expectations of privacy, legal as well as technological, that society is prepared to recognize as reasonable. This Comment aims to facilitate judicial adoption of the latter by showcasing the antipodal treatment of Internet search records under the third party doctrine as against the quot;operational realities test,quot; and providing support for a rights-based re-reading of the doctrine that would restore constitutional consistency.
Protecting Online Privacy In The Digital Age
DOWNLOAD
Author : Cristina Del Rosso
language : en
Publisher:
Release Date : 2019
Protecting Online Privacy In The Digital Age written by Cristina Del Rosso and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Looking to the future, this thesis will contemplate solutions on how to move forward in this technology era. It will scrutinize the relevancy of the third-party doctrine due to the rise of technology and the enormous amount of information held about us by third parties. In the past, the Third-Party Doctrine may have been good law, but that time has passed. It is time for the Third Party Doctrine to be abolished so the Fourth Amendment can join the 21st Century.
The Fourth Amendment
DOWNLOAD
Author : Lucille E. Huff
language : en
Publisher:
Release Date : 2014-09-19
The Fourth Amendment written by Lucille E. Huff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with Electronic books categories.
Before there were emails, instant messaging, and other forms of electronic communication, it was much easier for the courts to determine if a government investigation constituted a Fourth Amendment "search." If the police intruded on your person, house, papers, or effects--tangible property interests listed in the text of the Fourth Amendment--that act was considered a search, which had to be "reasonable" under the circumstances. However, with the advent of intangible forms of communication, like the telephone or the Internet, it became much more difficult for judges to determine when certain surveillance practices intruded upon Fourth Amendment rights. With these legal, social, and technological trends in mind, this book explores the third party-doctrine, including its historical background, its legal and practical underpinnings, and its present and potential future applications. It explores the major third-party doctrine cases and fits them within the larger Fourth Amendment framework. It surveys the various doctrinal and practical arguments for and against its continued application. Lastly, this book describes congressional efforts to supplement legal protection for access to third-party records, as well as suggesting possible future directions in the law.
The Fourth Amendment In An Age Of Surveillance
DOWNLOAD
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.
Other People S Papers
DOWNLOAD
Author : Jane R. Bambauer
language : en
Publisher:
Release Date : 2015
Other People S Papers written by Jane R. Bambauer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The third party doctrine permits the government to collect consumer records without implicating the Fourth Amendment. The doctrine strains the reasoning of all possible conceptions of the Fourth Amendment and is destined for reform. So far, scholars and jurists have advanced proposals using a cramped analytical model that attempts to balance privacy and security. They fail to account for the filterability of data. Filtering can simultaneously expand law enforcement access to relevant information while reducing access to irrelevant information. Thus, existing proposals will distort criminal justice by denying police a resource that can cabin discretion, increase distributional fairness, and exculpate the wrongly accused. This Article offers the first comprehensive analysis of third party data in police investigations by considering interests beyond privacy and security. First, it shows how existing proposals to require suspicion or a warrant will inadvertently conflict with other constitutional values, including equal protection, the First Amendment, and the due process rights of the innocent. Then it offers surgical reforms that address the most problematic applications of the doctrine: suspect-driven data collection, and bulk data collection. Well-designed reforms to the third party doctrine will shut down the data collection practices that most seriously offend civil liberties without impeding valuable, liberty-enhancing innovations in policing.
Technology And The Fourth Amendment
DOWNLOAD
Author : Ric Simmons
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-22
Technology And The Fourth Amendment written by Ric Simmons 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 2019-08-22 with Law categories.
Looks at the effect of new technologies and privacy, arguing that advances in technology can enhance privacy and security at the same time.