Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Privacy (2)
- Surveillance (2)
- Anti-blocking (1)
- Anti-discrimination (1)
- Broadband (1)
-
- Broadband Policy Statement (1)
- Bulk surveillance (1)
- Cell phones (1)
- Cell site location information (1)
- Citizens (1)
- Constitution (1)
- Deep packet inspection (1)
- Discrimination (1)
- Electronic Communications Privacy Act (1)
- Electronic surveillance (1)
- Executive orders (1)
- Federal Communications Commission (1)
- Federal agencies (1)
- Foreign Intelligence Surveillance Act (1)
- Gatekeepers (1)
- Inc. v. FCC (1)
- Intelligence community (1)
- Internet (1)
- Internet service providers (1)
- Katz v. United States (1)
- Law reform (1)
- Loopholes (1)
- Miami Herald Publishing Co. v. Tornillo (1)
- Networks (1)
- Open Internet Order (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn
Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn
Michigan Telecommunications & Technology Law Review
The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Michigan Telecommunications & Technology Law Review
This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …
No More Shortcuts: Protect Cell Site Location Data With A Warrant Requirement, Lauren E. Babst
No More Shortcuts: Protect Cell Site Location Data With A Warrant Requirement, Lauren E. Babst
Michigan Telecommunications & Technology Law Review
In modern society, the cell phone has become a virtual extension of most Americans, managing all kinds of personal and business matters. Modern cell tower technology allows cell service providers to accumulate a wealth of individuals’ location information while they use their cell phones, and such data is available for law enforcement to obtain without a warrant. This is problematic under the Fourth Amendment, which protects reasonable expectations of privacy. Under the Katz two-prong test, (1) individuals have an actual, subjective expectation of privacy in their cell site location data, and (2) society is prepared to acknowledge that expectation as …