Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ALPR (1)
- Aerial surveillance (1)
- Air Pollution Variance Board v. Western Alfalfa Corp. (1)
- Alito (1)
- Automated license plate readers (1)
-
- Beepers (1)
- Blackstone (1)
- Bluetooth (1)
- Boyd (1)
- Boyd v. United States (1)
- Brandeis (1)
- CSLI (1)
- California v. Ciraolo (1)
- Cell site location information (1)
- Ciraolo (1)
- Content (1)
- Curtilage (1)
- Data analysis (1)
- Data analytics (1)
- Digital (1)
- Digital dependence (1)
- Digitization (1)
- Dow Chemical v. United States (1)
- Drones (1)
- Enhanced technology (1)
- Envelope information (1)
- Ex parte Jackson (1)
- Federalist (1)
- Florida v. Jardines (1)
- Foreign intelligence (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Affording Fundamental Rights, Julie E. Cohen
Affording Fundamental Rights, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Mireille Hildebrandt’s Smart Technologies and the End(s) of Law (2015) raises questions for law that are best characterized as meta-institutional. This review essay considers the implications of Hildebrandt’s work for the conceptualization of fundamental rights. One consequence of the shift to a world in which smart digital technologies continually, immanently mediate and preempt our beliefs and choices is that legal discourses about fundamental rights are revealed to be incomplete along a dimension that we have simply failed to recognize. To remain effective in the digital age, rights discourse requires extension into the register of affordances.
The Fourth Amendment In A Digital World, Laura K. Donohue
The Fourth Amendment In A Digital World, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The formal legal distinctions on which they rely—(a) private versus public space, (b) personal information versus third party data, (c) content versus non-content, and (d) domestic versus international—are failing to protect the privacy interests at stake. Simultaneously, reduced resource constraints are accelerating the loss of rights. The doctrine has yet to catch up with the world in which we live. A necessary first step for the Court is to reconsider the theoretical underpinning of the Fourth Amendment, to allow for the evolution of a …