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Full-Text Articles in Law
That ‘70s Show: Why The 11th Circuit Was Wrong To Rely On Cases From The 1970s To Decide A Cell-Phone Tracking Case, David Oscar Markus, Nathan Freed Wessler
That ‘70s Show: Why The 11th Circuit Was Wrong To Rely On Cases From The 1970s To Decide A Cell-Phone Tracking Case, David Oscar Markus, Nathan Freed Wessler
University of Miami Law Review
In light of society's increasing reliance on technology, this article explores a critical question – that of the Fourth Amendment’s protection over privacy in the digital age. Specifically, this article addresses how the law currently fails to protect the privacy of one’s cell phone records and its ramifications. By highlighting the antiquated precedent leading up to the Eleventh Circuit’s ruling in United States v. Davis, this article calls on the judiciary to find a more appropriate balance for protecting the right to privacy in a modern society.
Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico
Cellphones, Stingrays, And Searches! An Inquiry Into The Legality Of Cellular Location Information, Jeremy H. D'Amico
University of Miami Law Review
Can the Fourth Amendment protect an individual’s right privacy by preventing the disclosure of her location through cell site location information? Does it currently? Should it? Many court opinions answer these questions in both the affirmative and the negative. The rationale underlying each conclusion is disparate. Some rely on statutory regimes, others rely on the United States Supreme Court’s interpretation of reasonableness. However, Cell Site Location Information is a technology that requires uniformity in its interpretation. This note investigates the different interpretations of the Fourth Amendment as it relates to Cell Site Location Information. It explains the technology behind Cell …
A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie Reid
A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie Reid
University of Miami Law Review
In 1996, Congress passed the Economic Espionage Act (EEA), 18 U.S.C. Sections 1831 and 1832, to help thwart attempts by foreign entities intent on stealing U.S. proprietary information and trade secrets. Despite the passage of the EEA almost twenty years ago, if recent statistics are to be believed, there is so much trade secret thievery going around that the United States finds itself in the midst of an epidemic of economic espionage. Currently, any and all U.S. technology that is vulnerable and profitable is being targeted. Unfortunately, existing remedies and enforcement have barely blunted the onslaught against the U.S. which …