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Communications Law

Articles in Law Reviews & Other Academic Journals

Fourth Amendment

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Transnational Government Hacking, Jennifer Daskal Jan 2020

Transnational Government Hacking, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal Jan 2017

Notice And Standing In The Fourth Amendment: Searches Of Personal Data, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

In at least two recent cases, courts have rejected service providers' capacity to raise Fourth Amendment claims on behalf of their customers. These holdings rely on longstanding Supreme Court doctrine establishing a general rule against third parties asserting the Fourth Amendment rights of others. However, there is a key difference between these two recent cases and those cases on which the doctrine rests. The relevant Supreme Court doctrine stems from situations in which someone could take action to raise the Fourth Amendment claim, even if the particular thirdparty litigant could not. In the situations presented by the recent cases, by …


The Un-Territoriality Of Data, Jennifer Daskal Jan 2015

The Un-Territoriality Of Data, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

Territoriality looms large in our jurisprudence, particularly as it relates to the government’s authority to search and seize. Fourth Amendment rights turn on whether the search or seizure takes place territorially or extraterritorially; the government’s surveillance authorities depend on whether the target is located within the United States or without; and courts’ warrant jurisdiction extends, with limited exceptions, only to the borders’ edge. Yet the rise of electronic data challenges territoriality at its core. Territoriality, after all, depends on the ability to define the relevant “here” and “there,” and it presumes that the “here” and “there” have normative significance. The …