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Journal

2015

Northwestern University Law Review

Privacy

Articles 1 - 3 of 3

Full-Text Articles in Law

Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian Jul 2015

Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian

Northwestern University Law Review

This Essay considers whether the government can force a person to decrypt his computer. The only courts to consider the issue limited their analyses to rote application of predigital doctrine and dicta. This is a mistake; courts should instead aim to maintain the ex ante equilibrium of privacy and government power. This approach—seeking equilibrium—was just endorsed by the Supreme Court in Riley v. California, a recent Fourth Amendment case. Yet Riley’s rationale also extends to the Fifth Amendment’s Self-Incrimination Clause, and maintaining equilibrium there requires permitting forced decryption. Because current doctrine can be interpreted as allowing forced decryption, …


Reviving The Privacy Protection Act Of 1980, Elizabeth B. Uzelac Jan 2015

Reviving The Privacy Protection Act Of 1980, Elizabeth B. Uzelac

Northwestern University Law Review

The federal privacy legislative scheme is composed of a fragmented patchwork of aging sector-specific statutes—many enacted prior to the advent of the home computer—that supplement the Fourth Amendment to regulate government access to information. The Privacy Protection Act of 1980 is one such statute, though few understand or utilize its protections. The Act prohibits law enforcement officials from searching for or seizing information from people who disseminate information to the public, such as reporters. Where it applies, the Act requires law enforcement officials to instead rely on compliance with a subpoena or the target’s voluntary cooperation to gain access to …


Mug Shot Disclosure Under Foia: Does Privacy Or Public Interest Prevail?, Kathryn Shephard Jan 2015

Mug Shot Disclosure Under Foia: Does Privacy Or Public Interest Prevail?, Kathryn Shephard

Northwestern University Law Review

No abstract provided.