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Articles 1 - 5 of 5
Full-Text Articles in Law
Light In The Darkness: How Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Light In The Darkness: How Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Susan Freiwald
This article measures the new ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records (LEATPR Standards) success by assessing the guidance they provide legislators interested in updating pertinent law regarding one specific type of data. Scholars should not expect the Standards to yield the same conclusions they would have furnished had they been able to draft a set of standards by themselves. The Standards emerged after years of painstaking consensus building and compromise no individual committee member got entirely what he wanted. Nonetheless, not every product of a committee turns out to have been worth the effort, …
Nothing To Fear Or Nowhere To Hide: Competing Visions Of The Nsa's 215 Program, Susan Freiwald
Nothing To Fear Or Nowhere To Hide: Competing Visions Of The Nsa's 215 Program, Susan Freiwald
Susan Freiwald
Despite Intelligence Community leaders’ assurances, the detailed knowledge of the NSA metadata program (the 215 program) that flowed from the Snowden revelations did not assuage concerns about the program. Three groups, the American Civil Liberties Union, the Electronic Frontier Foundation, and the Electronic Privacy Information Center, brought immediate legal challenges with mixed results in the lower courts. The conflict, in the courts, Congress, and the press, has revealed that the proponents and opponents of Section 215 view the program in diametrically opposed ways. Program proponents see a vital intelligence program operating within legal limits, which has suffered a few compliance …
The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald
The Davis Good Faith Rule And Getting Answers To The Questions Jones Left Open, Susan Freiwald
Susan Freiwald
The Supreme Court’s decision in United States v. Jones clearly established that use of GPS tracking surveillance constitutes a search under the Fourth Amendment. But the Court left many other questions unanswered about the nature and scope of the constitutional privacy right in location data. A review of lower court decisions in the wake of Jones reveals that, rather than begin to answer the questions that Jones left open, courts are largely avoiding substantive Fourth Amendment analysis of location data privacy. Instead, they are finding that officers who engaged in GPS tracking and related surveillance operated in good faith, based …
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Susan Freiwald
In a significant ruling in the fall of 2010, the Third Circuit Court of Appeals rejected the government’s claim that it could compel cell phone service providers to disclose customer records that indicate the cell towers with which a cell phone has communicated (cell phone location information or CSLI) without obtaining a warrant based on probable cause. In a break with past decisions, the court rejected application of a “third party rule,” under which cell phone users are seen to assume the risk that their providers will disclose location data without the protections of a warrant requirement. The court, however, …
A Comment On James Grimmelmann’S Saving Facebook, Susan Freiwald
A Comment On James Grimmelmann’S Saving Facebook, Susan Freiwald
Susan Freiwald
This paper comments on Professor James Grimmelmann’s article Saving Facebook (94 Iowa L. Rev. 1137 (2009) http://http://works.bepress.com/james_grimmelmann/20). provides a useful analysis of the privacy debates surrounding this social networking web site. Grimmelmann provides valuable sociological and psychological material for future legislators to draw on in considering legislative control of Facebook and similar sites. Grimmelmann uses Facebook to provide concrete examples of privacy concerns to build on the more general framework provided by the works of Daniel Solove. The comment does take exception to Grimmelmann’s analysis in several points. Chief among these is Grinnlemann’s lack of evidence in support of his …