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Full-Text Articles in Law
Covid-19 Sewage Testing As A Police Surveillance Infrastructure, Elizabeth E. Joh
Covid-19 Sewage Testing As A Police Surveillance Infrastructure, Elizabeth E. Joh
Notre Dame Journal on Emerging Technologies
This essay argues that sewage testing will outlive the pandemic and become a part of a general policing surveillance infrastructure. We risk adopting this surveillance method without taking care to assess the legal and policy questions raised by its use. Wastewater can provide early clues not just for COVID-19 outbreaks, but also for the presence (and assumed use) of opioids, methamphetamines, and other illegal drugs. Sewage testing at the University of California, San Diego, recently led to an alert that an infected person was “someone who used a restroom [at a specified residence hall] from 6 a.m. and 9:30 a.m. …
Note: Home-Sharing, Ride-Sharing, And Data-Sharing: Fourth Amendment Hurdles For Local Governance Of The Sharing Economy, Matthew J. Disler
Note: Home-Sharing, Ride-Sharing, And Data-Sharing: Fourth Amendment Hurdles For Local Governance Of The Sharing Economy, Matthew J. Disler
Notre Dame Journal on Emerging Technologies
Cities’ attempts to regulate the sharing economy reveal a conflict between local governance interests and Fourth Amendment doctrine. Although sharing economy industries present local problems, from housing affordability and land-use regulations to traffic congestion and sidewalk safety, cities attempt to effectuate their policies through data reporting requirements that are vulnerable to Fourth Amendment challenge. Businesses have successfully argued that cities’ reporting requirements are unconstitutional searches because they have an unreasonably broad scope and lack an opportunity for pre-compliance review. This Article argues that this impasse results from recent developments that have lent additional confusion to the Fourth Amendment’s administrative search …
Note: The "Border" Of Constitutional Electronic Privacy Rights: Electronic Searches And Seizures At The United States' Territorial Limits, Ryan Garippo
Notre Dame Journal on Emerging Technologies
In the recent challenge brought before the First Circuit, the court was not required to directly answer what level of particularized suspicion is required for a forensic search. Although, its holding is consistent with the jurisprudence set forth by both the Fourth and Eleventh Circuits. Furthermore, it is important to note that there have been legal challenges brought on this issue in the Fifth, Seventh, and Tenth Circuits. However, in each of these cases, the court chose not to decide the constitutional question because it was not outcome determinative for the litigants in question. This disagreement between the federal circuit …
Note: Facial Recognition Technology And The Constitution, Mark Simonitis
Note: Facial Recognition Technology And The Constitution, Mark Simonitis
Notre Dame Journal on Emerging Technologies
Over the past several years, we have seen an increase in the adoption and use of facial recognition technology (FRT). Both private corporations and government organizations have increasingly used this technology over the past several years, and law enforcement agencies have been just as eager to utilize FRT in their operations. The potential uses for this technology in a law enforcement capacity are numerous. For example, FRT could be used to identify criminals whose faces were caught on surveillance footage, or it could be used to help identify citizens during border crossings. However, it is easy to imagine how an …