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Full-Text Articles in Law
Forensic Collection Of Electronic Evidence From Infrastructure-As-A-Service Cloud Computing, Josiah Dykstra, Damien Riehl
Forensic Collection Of Electronic Evidence From Infrastructure-As-A-Service Cloud Computing, Josiah Dykstra, Damien Riehl
Richmond Journal of Law & Technology
As cloud computing becomes ubiquitous, the criminal targeting and criminal use of cloud computing is inevitable and imminent. Similarly, the need for civil forensic analyses of cloud computing has become more prevalent. Forensic investigation of cloud computing matters first requires an understanding of the technology and issues associated with the collection of electronically stored information (“ESI”) in the cloud. The misuse of the broad term “cloud computing” has caused some confusion and misinformation among legal and technology scholars, leading to a muddied and incomplete analysis of cloud-based discovery issues. Cases and academic analyses have dealt primarily with popular online services …
Rethinking Reasonable Expectations Of Privacy In Online Social Networks, Bryce Clayton Newell
Rethinking Reasonable Expectations Of Privacy In Online Social Networks, Bryce Clayton Newell
Richmond Journal of Law & Technology
In 1890, Warren and Brandeis “invented” the common law right to privacy in the United States. They declared the need for a right to privacy – “to be let alone” – because technological advancements (photography) and business methods (yellow journalism) enabled the media to bring previously private details to the attention of a much larger audience. Warren and Brandeis declared, “[i]nstantaneous photographs and newspaper enterprise have invaded the sacred precincts of private and domestic life; and numerous mechanical devices threaten to make good the prediction that ‘what is whispered in the closet shall be proclaimed from the house-tops.’” Because of …
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm
Richmond Journal of Law & Technology
Transportation networks constitute “the circulatory system of our economy.” The distinct modes that constitute the American transportation system—air, rail, transit, highways, and waterways—impact the entire range of our daily activities. Just as the human body depends on its circulatory system for life and well being, the United States’ vitality would grind to a halting stop without a vibrant transportation system.
Bending Broken Rules: The Fourth Amendment Implications Of Full-Body Scanners In Preflight Screening, M. Madison Taylor
Bending Broken Rules: The Fourth Amendment Implications Of Full-Body Scanners In Preflight Screening, M. Madison Taylor
Richmond Journal of Law & Technology
In the face of emerging technology, the Fourth Amendment’s guarantee of protection against unreasonable searches and seizures is especially susceptible to erosion. As Justice Scalia wrote in Kyllo v. United States, “[i]t would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology.” In Katz v. United States, technology compelled a dramatic shift in the Supreme Court’s interpretation of the Fourth Amendment. Prior to Katz, the Court generally interpreted the Fourth Amendment to prevent only the search and seizure of tangible things, and looked to …
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Richmond Journal of Law & Technology
Road safety cameras can photograph your car running red lights. Some bars record information on driver’s licenses to establish that their patrons are old enough to drink. The Recording Industry Association of America (RIAA) uses automated web crawlers to try to find illegal copies of mp3s, and iTunes embeds personal identifying information in the tracks of every song you buy.
Double-Trouble: The Underregulation Of Surreptitious Video Surveillance In Conjunction With The Use Of Snitches In Domestic Government Investigations, Mona R. Shokrai
Double-Trouble: The Underregulation Of Surreptitious Video Surveillance In Conjunction With The Use Of Snitches In Domestic Government Investigations, Mona R. Shokrai
Richmond Journal of Law & Technology
Technological advancements in digital imagery and visual recordings have all but vitiated any expectation of privacy in public places. Yet this Orwellian state of constant governmental surveillance has extended beyond the scope of public observation. Closely-held expectations of privacy in the most intimate locations have also become subject to government observation. The means by which the government is able to garner such detailed information concerning the minutiae of our private lives is in need of assessment.
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Richmond Journal of Law & Technology
With technology, everything just comes faster, smarter, and meaner. But the basics remain the same.
Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation
Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation
Richmond Journal of Law & Technology
This Amicus Curiae Brief is respectfully filed by the undersigned members of the United States Senate Committee on Commerce, Science, and Transportation (“Committee”). Acting in our capacity on behalf of the United States government, we may file this Brief pursuant to Fed. R. App. P. 29(a). The Committee exercises oversight responsibility for both the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”). With the respect owed to a co-equal branch of government, we file this Brief to share with the Court our strongly-held views regarding the constitutional law issues in contest in this appeal and the vital public …
Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett
Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett
Richmond Journal of Law & Technology
Last year, the Federal Bureau of Investigation (“FBI”) acknowledged that it used an Internet electronic surveillance system called Carnivore to investigate and prosecute criminal suspects in more than two dozen cases. Carnivore is a software program developed by the FBI that can be installed on the network of an Internet Service Provider (“ISP”), such as America Online, to monitor, intercept and collect e-mail messages and other Internet activity made and received by individuals suspected of criminal activity. To date, the full capability of Carnivore remains a secret—the FBI refuses to disclose the source code (computer language) that would reveal how …
Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly
Conceptual Foundations Of Privacy: Looking Backward Before Stepping Forward, Robert A. Reilly
Richmond Journal of Law & Technology
In cyberspace, as in today's real world, there seems to be confusion in regard to what privacy is and what it is not. One scholar, Ruth Granson highlights recent efforts to fully comprehend privacy: "the concept of privacy is a central one in most discussions of modern Western life, yet only recently have there been serious efforts to analyze just what is meant by privacy." Over the years, the conception of the nature and extent of privacy has been severely bent out of shape. The definitions and concepts of privacy are as varied as those in the legal and academic …