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The Internet Of Things And The Fourth Amendment Of Effects, Andrew Ferguson Jan 2016

The Internet Of Things And The Fourth Amendment Of Effects, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

By 2020 there will be billions of “things” connected through the “Internet of Things.” These smart devices built within our homes, cars, smartphones, clothing, and accessories present new possibilities for technological surveillance for law enforcement. This network of smart devices also poses a new challenge for a Fourth Amendment built around “effects.” The constitutional language protecting “persons, houses, papers, and effects” from unreasonable searches and seizures must confront this change. This article addresses how a Fourth Amendment built on old-fashioned “effects” can address a new world when things are no longer just inactive, static objects, but objects that create and …


Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson Dec 2015

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Stephen E Henderson

When it comes to criminal investigation, time travel is increasingly possible.  Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records.  And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future.  So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond?  How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology?  Is it meaningfully different …