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Articles 1 - 6 of 6
Full-Text Articles in Law
Insidious Encroachment? Strengthening The "Crown Jewels": The 2018 Reauthorization Of Fisa Section 702, John F. Schifalacqua
Insidious Encroachment? Strengthening The "Crown Jewels": The 2018 Reauthorization Of Fisa Section 702, John F. Schifalacqua
American University National Security Law Brief
No abstract provided.
Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund
Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund
American University National Security Law Brief
No abstract provided.
Dna And Law Enforcement: How The Use Of Open Source Dna Databases Violates Privacy Rights, Christine Guest
Dna And Law Enforcement: How The Use Of Open Source Dna Databases Violates Privacy Rights, Christine Guest
American University Law Review
No abstract provided.
Carpenter V. United States And The Emerging Expectations Of Privacy In Data Comprehensiveness Applied To Browsing History, Daniel De Zayas
Carpenter V. United States And The Emerging Expectations Of Privacy In Data Comprehensiveness Applied To Browsing History, Daniel De Zayas
American University Law Review
No abstract provided.
The Exclusionary Rule In The Age Of Blue Data, Andrew Ferguson
The Exclusionary Rule In The Age Of Blue Data, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
In Herring v. United States, Chief Justice John Roberts reframed the Supreme Court’s understanding of the exclusionary rule: “As laid out in our cases, the exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct, or in some circumstances recurring or systemic negligence.” The open question remains: how can defendants demonstrate sufficient recurring or systemic negligence to warrant exclusion? The Supreme Court has never answered the question, although the absence of systemic or recurring problems has figured prominently in two recent exclusionary rule decisions. Without the ability to document recurring failures, or patterns of police misconduct, courts can dismiss …
Privacy And Security Across Borders, Jennifer Daskal
Privacy And Security Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Three recent initiatives -by the United States, European Union, and Australiaare opening salvos in what will likely be an ongoing and critically important debate about law enforcement access to data, the jurisdictional limits to such access, and the rules that apply. Each of these developments addresses a common set of challenges posed by the increased digitalization of information, the rising power of private companies delimiting access to that information, and the cross-border nature of investigations that involve digital evidence. And each has profound implications for privacy, security, and the possibility of meaningful democratic accountability and control. This Essay analyzes the …