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Full-Text Articles in Law
Smart Homes: The Next Fourth Amendment Frontier, Christina A. Robinson
Smart Homes: The Next Fourth Amendment Frontier, Christina A. Robinson
University of Miami Race & Social Justice Law Review
Under the third-party search doctrine, an individual does not have a reasonable expectation of privacy in information he or she voluntarily discloses to third parties. “Always on” in-home technology creates recordings of unsuspecting consumers in their most intimate spaces and sends them to third party companies and their affiliates, which makes this information subject to warrantless search by law enforcement under the third- search doctrine. The third-party search doctrine is ill-suited to the digital age, where consumers are routinely required to volunteer information to third parties in order to access digital content. This Note suggests that a warrant should be …
Facing The Future With Fosta: Examining The Allow States And Victims To Fight Online Sex Trafficking Act Of 2017, Caitlyn Burnitis
Facing The Future With Fosta: Examining The Allow States And Victims To Fight Online Sex Trafficking Act Of 2017, Caitlyn Burnitis
University of Miami Race & Social Justice Law Review
On April 11, 2018, President Trump signed the Stop Enabling Sex Trafficking Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) package into effect. This law amends Section 230 of the Communications and Decency Act that provides safe harbors for website hosts. Under the amended law, these safe harbor laws that provide websites civil liability immunity for the actions of their users would now exclude enforcement of federal and state sex trafficking laws. While many praised the passage of this law, many others raised concerns about its effect on free speech, prosecution, and sex workers. …