Keeping secrets in cyberspace: establishing Fourth Amendment protection for Internet communication
Article Abstract:
Law enforcement officers should be able to search cyberspace without a warrant only when the areas they are searching are open to the public or when the user's communication is not protected by a password and a confidentiality agreement with the system administrator. Courts have not resolved the scope of permissible searches and seizures in electronic communications on the Internet. Users' reasonable expectations of privacy will be protected only if limits are placed in the ability of the government to inspect records of electronic communication.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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Fourth Amendment - mandatory drug testing - Eleventh Circuit upholds suspicionless drug testing for political candidates. - Chandler v. Miller
Article Abstract:
The US Court of Appeals for the 11th Circuit inappropriately departed from Supreme Court precedent in Chandler v. Miller by upholding a Georgia statute requiring drug testing of candidates for high state office. The Supreme Court has approved warrantless drug testing without individualized suspicion in narrow circumstances. For political candidates, the privacy interests implicated by intrusive testing of bodily fluids outweighs the government's and public's interest in knowing that candidates are drug-free.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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O.J. Simpson, Bill Clinton, and the transsubstantive Fourth Amendment
Article Abstract:
The author discusses two cases viewed by many as being tainted by government misbehavior in gathering evidence, i.e., the O.J. Simpson murder case and the Bill Clinton impeachment investigation. The role of the Fourth Amendment in suppressing evidence without taking into account the substance of the crime is analyzed.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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- Abstracts: Whither deregulation: a look at the portents. Protecting privacy from technological intrusions
- Abstracts: Copyright law - scope of protection of non-literal elements of computer programs - Second Circuit applies an "abstraction-filtration-comparison" test
- Abstracts: Encouraging allocution at capital sentencing: a proposal for use immunity. Precluding defendants from relitigating sentencing findings in subsequent civil suits
- Abstracts: Sex wars redux: agency and coercion in feminist legal theory. Theorizing yes: an essay on feminism, law, and desire
- Abstracts: Suit could bar insurer transfers; 'assumption reinsurance.' (Tom Gallagher, Commissioner, Florida Department of Insurance v. American Health and Life Insurance Co.)