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Articles 1 - 5 of 5
Full-Text Articles in Law
Getting Real About Privacy: Eccentric Expectations In The Post-9/11 World, Jeffrey A. Breinholt
Getting Real About Privacy: Eccentric Expectations In The Post-9/11 World, Jeffrey A. Breinholt
ExpressO
What if science developed technology that would eliminate violent crime on American streets entirely, without jeopardizing civil liberties or personal privacy? This article describes such a scenario, and uses it to take a critical look at some of legal commentary claiming that Americans are bound to lose their rights and privacy if they fail to object to modern tools of domestic security. It concludes that those who have criticize modern scientific applications to the security challenge are overlooking well-established legal doctrines, based on eccentric fears of technology and the nation's law enforcers.
Electronic Surveillance Post 9/11, Chun-Lung Tai
Electronic Surveillance Post 9/11, Chun-Lung Tai
Faculty of Law - Papers (Archive)
This paper examines the legal and practical issues surrounding electronic surveillance systems implemented since the September 11th 2001 terrorist attacks in three countries: the United States of America, Singapore and Australia. The paper determines their effectiveness on border security, particularly at airports. Notably, the response of each country has been influenced by its cultural structure. Central to advanced security technologies is the field of biometrics.
Freedom Of Navigation, Surveillance And Security: Legal Issues Surrounding The Collection Of Intelligence From Beyond The Littoral, Stuart Kaye
Faculty of Law - Papers (Archive)
Hugo Grotius, in his work Mare Liberum, asserted that the world's oceans were free and incapable of acquisition by states. His work sparked a debate in the seventeenth century as to the freedom of the seas, and whether states could exclude the vessels of other states from certain waters. Grotius' viewpoint ultimately prevailed, and is still prevalent within the law of the sea. Greater security concerns of states since 11 September 2001, have raised questions as to the current extent of the doctrine of freedom of navigation, and whether the old norm remains intact. This article will consider this issue, …
Fourth Amendment Codification And Professor Kerr's Misguided Call For Judicial Deference, Daniel J. Solove
Fourth Amendment Codification And Professor Kerr's Misguided Call For Judicial Deference, Daniel J. Solove
GW Law Faculty Publications & Other Works
This essay critiques Professor Orin Kerr's provocative article, The Fourth Amendment and New Technologies: Constitutional Myths and the Case for Caution, 102 Mich. L. Rev. 801 (2004). Increasingly, Fourth Amendment protection is receding from a litany of law enforcement activities, and it is being replaced by federal statutes. Kerr notes these developments and argues that courts should place a thumb on the scale in favor of judicial caution when technology is in flux, and should consider allowing legislatures to provide the primary rules governing law enforcement investigations involving new technologies. Kerr's key contentions are that (1) legislatures create rules …
Spyware And The Limits Of Surveillance Law, Patricia L. Bellia
Spyware And The Limits Of Surveillance Law, Patricia L. Bellia
Journal Articles
For policymakers, litigants, and commentators seeking to address the threats digital technology poses for privacy, electronic surveillance law remains a weapon of choice. The debate over how best to respond to the spyware problem provides only the most recent illustration of that fact. Although there is much controversy over how to define spyware, that label encompasses at least some software that monitors a computer user's electronic communications. Federal surveillance statutes thus present an intuitive fit for responding to the regulatory challenges of spyware, because those statutes bar the unauthorized acquisition of electronic communications and related data in some circumstances. Indeed, …