Download or read book The Fourth Amendment Third Party Doctrine written by Richard Thompson II and published by CreateSpace. This book was released on 2014-10-31 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Rise of Big Data Policing written by Andrew Guthrie Ferguson and published by NYU Press. This book was released on 2019-11-15 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2018 Law & Legal Studies PROSE Award The consequences of big data and algorithm-driven policing and its impact on law enforcement In a high-tech command center in downtown Los Angeles, a digital map lights up with 911 calls, television monitors track breaking news stories, surveillance cameras sweep the streets, and rows of networked computers link analysts and police officers to a wealth of law enforcement intelligence. This is just a glimpse into a future where software predicts future crimes, algorithms generate virtual “most-wanted” lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool. Andrew Guthrie Ferguson reveals how these new technologies —viewed as race-neutral and objective—have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to “turn the page” on racial bias. But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections. In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime. The Rise of Big Data Policing is a must read for anyone concerned with how technology will revolutionize law enforcement and its potential threat to the security, privacy, and constitutional rights of citizens. Read an excerpt and interview with Andrew Guthrie Ferguson in The Economist.
Download or read book Unwarranted written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2017-02-21 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: “At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.
Download or read book Third Party Doctrine Redux written by Matthew D. Lawless and published by . This book was released on 2014 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Fourth Amendment in an Age of Surveillance written by David Gray and published by Cambridge University Press. This book was released on 2017-04-24 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.
Download or read book Nothing to Hide written by Daniel J. Solove and published by Yale University Press. This book was released on 2011-05-31 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: "If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy"--Jacket.
Download or read book The Fourth Amendment in Flux written by Michael C. Gizzi and published by University Press of Kansas. This book was released on 2016-06-17 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Protecting Online Privacy in the Digital Age written by Cristina Del Rosso and published by . This book was released on 2019 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Intellectual Privacy written by Neil Richards and published by Oxford University Press, USA. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we think about the problems of privacy and free speech? Neil Richards argues that when privacy and free speech truly conflict, free speech should almost always win, but contends that, contrary to conventional wisdom, speech and privacy are only rarely in conflict.
Download or read book A Cognitive Theory of the Third Party Doctrine and Digital Papers written by H. Brian Holland and published by . This book was released on 2018 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Proactive Policing written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-03-23 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. It developed from a crisis in confidence in policing that began to emerge in the 1960s because of social unrest, rising crime rates, and growing skepticism regarding the effectiveness of standard approaches to policing. In response, beginning in the 1980s and 1990s, innovative police practices and policies that took a more proactive approach began to develop. This report uses the term "proactive policing" to refer to all policing strategies that have as one of their goals the prevention or reduction of crime and disorder and that are not reactive in terms of focusing primarily on uncovering ongoing crime or on investigating or responding to crimes once they have occurred. Proactive policing is distinguished from the everyday decisions of police officers to be proactive in specific situations and instead refers to a strategic decision by police agencies to use proactive police responses in a programmatic way to reduce crime. Today, proactive policing strategies are used widely in the United States. They are not isolated programs used by a select group of agencies but rather a set of ideas that have spread across the landscape of policing. Proactive Policing reviews the evidence and discusses the data and methodological gaps on: (1) the effects of different forms of proactive policing on crime; (2) whether they are applied in a discriminatory manner; (3) whether they are being used in a legal fashion; and (4) community reaction. This report offers a comprehensive evaluation of proactive policing that includes not only its crime prevention impacts but also its broader implications for justice and U.S. communities.
Download or read book The Fourth Amendment written by Lucille E. Huff and published by . This book was released on 2014-01-01 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Task Force Report written by United States. President's Commission on Law Enforcement and Administration of Justice and published by . This book was released on 1967 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Privacy at Risk written by Christopher Slobogin and published by University of Chicago Press. This book was released on 2008-09-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Words We Live By written by Linda R. Monk and published by Hachette Books. This book was released on 2015-08-11 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In The Words We Live By, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. The Words We Live By is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living -- and entertaining -- document. Updated now for the first time, The Words We Live By continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.
Download or read book Exploding Data written by Michael Chertoff and published by Grove Press. This book was released on 2019-05-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful argument for new laws and policies regarding cyber-security, from the former Secretary of Homeland Security
Download or read book Technology and the Fourth Amendment written by Ric Simmons and published by Cambridge University Press. This book was released on 2019-08-22 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at the effect of new technologies and privacy, arguing that advances in technology can enhance privacy and security at the same time.
