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Constitutional Law

Selected Works

Stephen E Henderson

Nsa

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Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson Dec 2015

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Stephen E Henderson

When it comes to criminal investigation, time travel is increasingly possible.  Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records.  And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future.  So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond?  How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology?  Is it meaningfully different ...


Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen E. Henderson Sep 2013

Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen E. Henderson

Stephen E Henderson

An invited essay for Constitution Day, also available here: http://blogs.law.widener.edu/constitution2013/2013-essay-authors/stephen-henderson/
It addresses the national security surveillance disclosed by Edward Snowden and others, and asks whether a fundamental shift would be prudent in the era of Big Data.