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Changing Tides: A Lesser Expectation Of Privacy In A Post 9-11world, Derek M. Alphran
Changing Tides: A Lesser Expectation Of Privacy In A Post 9-11world, Derek M. Alphran
derek m Alphran
Abstract: Derek Alphran, Associate Professor The War on Terror is changing society’s views about the Fourth Amendment. To what extent should the American public believe that privacy should be subject to greater restrictions for the greater good? Should the Katz test be viewed differently in light of concerns about the need for surveillance in light of post 9/11 domestic terrorist threats? What is a reasonable search under the today’s changing expectation of privacy. This article addresses these questions examines how the Katz standard has changed historically and examines whether the special needs exception should be expanded to include domestic terror …
Warshak: A Test Case For The Intersection Of Law Enforcement And Cyber Security, Michael C. Mcnerney
Warshak: A Test Case For The Intersection Of Law Enforcement And Cyber Security, Michael C. Mcnerney
Michael C McNerney
Often times, the lines between criminal investigations and intelligence activities can become blurred. How far can a government agency go in gathering electronic information on an American citizen suspected of a crime? What implications are there for Americans suspected of terrorist activities? The American people want their government to have the tools to keep them safe but they also want to be free from unreasonable searches and seizures. There are many difficult questions but very little settled law on the subject. Although only a small piece of the puzzle, a recent decision by the Sixth Circuit in a case called …