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Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul McNaughton 2010 John Marshall Law School

Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton

The John Marshall Law Review

No abstract provided.


Cctv And Human Rights, Benjamin J. Goold 2010 Allard School of Law at the University of British Columbia

Cctv And Human Rights, Benjamin J. Goold

Faculty Publications

This chapter provides a brief overview of the human rights implications of closed circuit television (CCTV) surveillance, and aims to help CCTV managers and operators develop public area surveillance policies and practices that are consistent with a commitment to the protection of individual rights and a respect for civil liberties.


A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd 2010 University of New Hampshire School of Law

A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd

Legal Scholarship

For much of our nation’s history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor’s right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities ...


Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid 2010 University of Colorado Law School

Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid

Articles

In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminating Fourth Amendment protection in information turned over to third parties - regardless of any subjective expectation of privacy or confidentiality in the information on the part of the revealer. This so-called “third-party” doctrine of the Fourth Amendment has become increasingly controversial in light of the growing societal reliance on the Internet in the United States, where nearly every transaction requires a user to turn information over to at least one third party: the Internet service provider (“ISP”).

Citing the scholarship that has criticized the third-party doctrine ...


Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser 2010 University of Pennsylvania Law School; Bar Ilan University, Faculty of Law, Israel

Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser

Articles

For centuries, the fair use doctrine has been the main--if not the exclusive--bastion of user rights. Originating in the English courts of equity, the doctrine permitted users, under appropriate circumstances, to employ copyrighted content without the rightsholder's consent. In the current digital media environment, however, the uncertainty that shrouds fair use and the proliferation of technological protection measures undermine the doctrine and its role in copyright policy. Notably, the enactment of the Digital Millennium Copyright Act, which prohibits the circumvention of technological protection measures even for fair use purposes, has diminished the ability of fair use to counterbalance a ...


Lock The Closet Door: Does Private Mean Secret, Whitney Kristen McBride 2010 University of the Pacific, McGeorge School of Law

Lock The Closet Door: Does Private Mean Secret, Whitney Kristen Mcbride

McGeorge Law Review

No abstract provided.


Attendee - Public Access To Documents And Data Protection, P. Sean MORRIS 2009 University of Helsinki

Attendee - Public Access To Documents And Data Protection, P. Sean Morris

P. Sean MORRIS

No abstract provided.


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