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Articles 1 - 18 of 18
Full-Text Articles in Law
Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll
Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll
Washington and Lee Journal of Civil Rights and Social Justice
The federal Wiretap Act—originally enacted to curtail the government’s unbridled use of wiretaps to monitor telephonic communications—was amended in 1986 to provide a private right of action, extending the Act’s Fourth Amendment-like protections to private intrusions. Since the advent of the internet, plaintiffs have attempted to predicate claims of unauthorized online privacy intrusions on the Wiretap Act. In response, defendants claim they are parties to the communications at issue and should be absolved of liability under the Act’s party exception. The federal circuit courts of appeal disagree on how the party exception applies in the internet context. This Note evaluates …
The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict
The Computer Got It Wrong: Facial Recognition Technology And Establishing Probable Cause To Arrest, T.J. Benedict
Washington and Lee Law Review
Facial recognition technology (FRT) is a popular tool among police, who use it to identify suspects using photographs or still-images from videos. The technology is far from perfect. Recent studies highlight that many FRT systems are less effective at identifying people of color, women, older people, and children. These race, gender, and age biases arise because FRT is often “trained” using non-diverse faces. As a result, police have wrongfully arrested Black men based on mistaken FRT identifications. This Note explores the intersection of facial recognition technology and probable cause to arrest.
Courts rarely, if ever, examine FRT’s role in establishing …
Text Messages Are Property: Why You Don’T Own Your Text Messages, But It’D Be A Lot Cooler If You Did, Spence M. Howden
Text Messages Are Property: Why You Don’T Own Your Text Messages, But It’D Be A Lot Cooler If You Did, Spence M. Howden
Washington and Lee Law Review
This Note proceeds as follows: Part II offers a brief overview of what text messages are and what they are not. Part III covers the history of intangible personal property law and reviews the evolution of “cybertrespass” claims. Part IV explores the judiciary and the Fourth Amendment’s failure to protect text messages. Finally, Part V evaluates whether text messages constitute property and the practical implications of this finding.
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Washington and Lee Law Review Online
In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these devices there has been little consideration of the Fourth Amendment issues they pose, especially when they are coupled with facial recognition technology (FRT). There is one particular context in which police use of FRT equipped body-worn cameras is especially concerning: public protests. This Comment constitutes the …
Cybersurveillance Intrusions And An Evolving Katz Privacy Test, Margaret Hu
Cybersurveillance Intrusions And An Evolving Katz Privacy Test, Margaret Hu
Scholarly Articles
To contextualize why a new approach to the Fourth Amendment is essential, this Article describes two emerging cybersurveillance tools. The first Cybersurveillance tool, Geofeedia, has been deployed by state and local law enforcement. Geofeedia uses a process known as "geofencing" to draw a virtual barrier around a particular geographic region, and then identifies and tracks public social media posts within that region for predictive policing purposes. The second tool, Future Attribute Screening Technology (FAST), is under development by the United States Department of Homeland Security (DHS). FAST is another predictive policing tool that analyzes physiological and behavioral signals with the …
Bulk Biometric Metadata Collection, Margaret Hu
Bulk Biometric Metadata Collection, Margaret Hu
Scholarly Articles
Smart police body cameras and smart glasses worn by law enforcement increasingly reflect state-of-the-art surveillance technology, such as the integration of live-streaming video with facial recognition and artificial intelligence tools, including automated analytics. This Article explores how these emerging cybersurveillance technologies risk the potential for bulk biometric metadata collection. Such collection is likely to fall outside the scope of the types of bulk metadata collection protections regulated by the USA FREEDOM Act of 2015. The USA FREEDOM Act was intended to bring the practice of bulk telephony metadata collection conducted by the National Security Agency (“NSA”) under tighter regulation. In …
Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann
Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Dangerous Dicta, David Gray
The Devil Is In The Details: The Supreme Court Erodes The Fourth Amendment In Applying Reasonable Suspicion In Navarette V. California, George M. Dery Iii, Kevin Meehan
The Devil Is In The Details: The Supreme Court Erodes The Fourth Amendment In Applying Reasonable Suspicion In Navarette V. California, George M. Dery Iii, Kevin Meehan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case
Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Criminal Procedure And The Racial Profiling Issue For Professor Gates And Sergeant Crowley, L. Darnell Weeden
Criminal Procedure And The Racial Profiling Issue For Professor Gates And Sergeant Crowley, L. Darnell Weeden
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Executive Power In The War On Terror, David Cole
Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Executive Power In The War On Terror, David Cole
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.
The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Webster V. Doe, Lewis F. Powell, Jr.
California V. Carney, Lewis F. Powell Jr.
California V. Carney, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Ins V. Lopez-Mendoza, Lewis F. Powell Jr.
Ins V. Lopez-Mendoza, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bell V. Wolfish, Lewis F. Powell, Jr.
United States V. Calandra, Lewis F. Powell Jr
United States V. Calandra, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.