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Full-Text Articles in Law
Third Party Records Protection On The Model Of Heightened Scrutiny, Marc J. Blitz
Third Party Records Protection On The Model Of Heightened Scrutiny, Marc J. Blitz
Oklahoma Law Review
No abstract provided.
Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson
Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson
Oklahoma Law Review
“Secrets are lies. Sharing is caring. Privacy is theft.” So concludes the main character in Dave Egger’s novel, The Circle, in which a single company that unites Google, Facebook, and Twitter—and on steroids—has the ambition not only to know, but also to share, all of the world’s information. It is telling that a current dystopian novel features not the government in the first instance, but instead a private third party that, through no act of overt coercion, knows so much about us. This is indeed the greatest risk to privacy in our day, both the unprecedented, massive collection and retention …
Light In The Darkness: How The Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Light In The Darkness: How The Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Oklahoma Law Review
No abstract provided.
Cause To Believe What? The Importance Of Defining A Search's Object—Or, How The Aba Would Analyze The Nsa Metadata Surveillance Program, Christopher Slobogin
Cause To Believe What? The Importance Of Defining A Search's Object—Or, How The Aba Would Analyze The Nsa Metadata Surveillance Program, Christopher Slobogin
Oklahoma Law Review
Courts and scholars have devoted considerable attention to the definition of probable cause and reasonable suspicion. Since the demise of the “mere evidence rule” in the 1960s, however, they have rarely examined how these central Fourth Amendment concepts interact with the “object” of the search. That is unfortunate, because this interaction can have significant consequences. For instance, probable cause to believe that a search “might lead to evidence of wrongdoing” triggers a very different inquiry than probable cause to believe that a search “will produce evidence of criminal activity.” The failure to address the constraints that should be imposed on …
Ubiquitous Privacy, Thomas P. Crocker
Big Data Distortions: Exploring The Limits Of The Aba Leatpr Standards, Andrew G. Ferguson
Big Data Distortions: Exploring The Limits Of The Aba Leatpr Standards, Andrew G. Ferguson
Oklahoma Law Review
Before moving on to my contribution about how the growing reliance on big data analytics may necessitate a slight modification to the ABA Standards on Law Enforcement Access to Third Party Records (LEATPR Standards), I would like first to pay a few compliments to the drafters of the LEATPR Standards for producing such a systematic, thoughtful, and elegant framework for considering Fourth Amendment freedoms. As anyone who writes about or teaches the Fourth Amendment knows, the doctrine remains a theoretical muddle. Yet, despite a minefield of conflicting precedent, the drafters of the LEATPR Standards have managed to construct a defensible …
The Aba Standards For Criminal Justice: Law Enforcement Access To Third Party Records: Critical Perspectives From A Technology-Centered Approach To Quantitative Privacy, David C. Gray
Oklahoma Law Review
No abstract provided.
Professional Responsibility: Model Rule 1.6: New Limitations On The Ethical Attorney With An Unethical Client, Noble Sokolosky
Professional Responsibility: Model Rule 1.6: New Limitations On The Ethical Attorney With An Unethical Client, Noble Sokolosky
Oklahoma Law Review
No abstract provided.