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Full-Text Articles in Law
Hash It Out: Fourth Amendment Protection Of Electronically Stored Child Exploitation, Rebekah A. Branham
Hash It Out: Fourth Amendment Protection Of Electronically Stored Child Exploitation, Rebekah A. Branham
Akron Law Review
Few courts have addressed whether ISP’s use of hash-based evaluation violates an individual’s Fourth Amendment rights. In 2018, the Fifth Circuit was presented with this issue in United States v. Reddick. The defendant is Reddick uploaded files to the cloud-sharing server Microsoft SkyDrive. Thereafter PhotoDNA, a computer software program that uses hashing, automatically reviewed the hash values of those files and compared them against its database of known child pornography hash values. PhotoDNA detected a hash value match between the defendant’s photos and the database. It then created a “CyberTip,” sending the files and users information to the NCMEC. …
Wilson V. Arkansas: Thirty Years After The Supreme Court Addresses The Knock And Announce Issue, Todd Witten
Wilson V. Arkansas: Thirty Years After The Supreme Court Addresses The Knock And Announce Issue, Todd Witten
Akron Law Review
This Note will initially discuss the historical background of the knock and announce principle and its evolution from the English common law. Next, the Note will address the facts and the holdings of Wilson, in the lower courts and the Supreme Court. Finally, the Note will analyze the Wilson decision and its precedential value.
Two Wrongs Don't Make A Fourth Amendment Right: Samson Court Errs In Choosing Proper Analytical Framework, Errs In Result, Parolees Lose Fourth Amendment Protection, Rachael A. Lynch
Akron Law Review
This Note will follow the Fourth Amendment from its origins to its modern application to parolee rights, as evidenced by the Samson Court. Part II focuses on the Fourth Amendment, from the circumstances surrounding its adoption to modern court cases that have applied its tenets to prisoners, probationers, and, finally, parolees. Part III details the Supreme Court’s decision in Samson v. California, including a thorough discussion of the facts that gave rise to the case and lower court decisions. Part IV explores the problems with the Court’s framework and suggests other possible frameworks the Court could have used to come …
How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian M. Halliburton
How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian M. Halliburton
Akron Law Review
With each passing day, new technologies push the horizons of official government investigative and surveillance activity deeper and deeper into the mind and consciousness of the surveilled subject. While law enforcement agencies have always relied on observing the behavior and activity of suspicious targets, and there has been little judicial ink spent preserving the confidentiality of such observable activity, the law has been slow to respond to rapid increases in the capacity or scope of official observation that the advance of technologically sophisticated surveillance techniques helped facilitate. The sampling of techniques at the center of this Article allow the operators …