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Human Rights Law

Washington and Lee University School of Law

Fourth Amendment

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Full-Text Articles in Law

Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll Oct 2022

Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll

Washington and Lee Journal of Civil Rights and Social Justice

The federal Wiretap Act—originally enacted to curtail the government’s unbridled use of wiretaps to monitor telephonic communications—was amended in 1986 to provide a private right of action, extending the Act’s Fourth Amendment-like protections to private intrusions. Since the advent of the internet, plaintiffs have attempted to predicate claims of unauthorized online privacy intrusions on the Wiretap Act. In response, defendants claim they are parties to the communications at issue and should be absolved of liability under the Act’s party exception. The federal circuit courts of appeal disagree on how the party exception applies in the internet context. This Note evaluates …


Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann Mar 2016

Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Devil Is In The Details: The Supreme Court Erodes The Fourth Amendment In Applying Reasonable Suspicion In Navarette V. California, George M. Dery Iii, Kevin Meehan Mar 2015

The Devil Is In The Details: The Supreme Court Erodes The Fourth Amendment In Applying Reasonable Suspicion In Navarette V. California, George M. Dery Iii, Kevin Meehan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case Sep 2014

Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.