Issues

New law review article: "Searching Secrets"

FourthAmendment.com - News - Fri, 2024-11-29 23:43

New law review article: Searching Secrets by Nita A. Farahany of the Vanderbilt Law School, forthcoming in the U. Pa. L. Rev. Abstract:

A Fourth Amendment violation has traditionally involved a physical intrusion such as the search of a house or the seizure of a person or her papers. Today, investigators rarely need to break down doors, rummage through drawers, or invade one’s peace and repose to obtain incriminating evidence in an investigation. Instead, the government may unobtrusively intercept information from electronic files, GPS transmissions, and intangible communications. In the near future, it may even be possible to intercept information directly from suspects’ brains. Courts and scholars have analogized modern searches for information to searches of tangible property like containers and have treated protected information like the “content” inside. That metaphor is flawed because it focuses exclusively on whether information is secluded and assigns no value to the substantive information itself. This Article explores the descriptive potential of intellectual property law as a metaphor to describe current Fourth Amendment search and seizure law. It applies this new metaphor to identifying, automatic, memorialized, and uttered evidence to solve current riddles and predict how the Fourth Amendment will apply to emerging technology. Unlike real property law, intellectual property law recognizes that who authored information — and not just how or where it was stored — informs the individual interests at stake in that information. The exclusive rights of authors, including nondisclosure, are interests recognized by copyright law. Recognizing the secrecy interests of individuals has broad implications for the Fourth Amendment in the information age. Together with real property law, an intellectual property law metaphor better describes emerging doctrine, which has required greater government justification to search certain categories of information. But it also reveals the normative shortcomings of current doctrine when the secrets the government seeks are automatically generated information that arises from computer activities, via GPS tracking, or are emitted by our brains.

Why Is The Obama Administration Allowing The Chinese Government To Buy Up U.S. Oil And Gas Deposits Worth Billions Of Dollars?

TruthNews.US - News - Fri, 2024-11-29 23:43
American Dream | If we are trying to become independent of foreign oil, then why is the Obama administration allowing the Chinese government to buy up U.S. oil and gas deposits worth billions of dollars?

1 in 3 autistic young adults lack jobs, education

CHICAGO — One in 3 young adults with autism have no paid job experience, college or technical schooling nearly seven years after high school graduation, a study finds. That's a poorer showing than those with other disabilities including those who are mentally disabled, the researchers said.

With roughly half a ...

Three from U.S. still hospitalized after New Zealand crash

BOSTON — Seeing his injured Boston University classmates lying in a New Zealand roadway after their minivan rolled over, Evan White said he felt helpless.

"Our first impulse was to do whatever we could, but everyone had a sense of helplessness," Mr. White, a junior riding in one of three ...

Backlash grows at N.Y. ruling on viewing of child porn

In the wake of a New York court ruling that says it's not illegal to "merely" view online child pornography, child advocates are urging Internet-savvy federal prosecutors to take over these kinds of cases as two state lawmakers rush to fix the law.

It is "a singular outrage that the ...

American Scene: College turns to dogs as exam stress-busters

ATLANTA — Emory University in Atlanta has become the latest college to bring dogs on campus during exams to help stressed-out students.

Schools are placing pups in counseling centers for students to visit regularly or allowing faculty and staff to bring their pets to campus to play with students.

Some ...

Lawyer appeals for return of moon rocks

BUFFALO, Texas — The dark suit and tie Joe Gutheinz wore set him apart from other customers inside a Texas eatery where the usual attire is jeans and cowboy hats.

An appetite for down-home cooking wasn't what brought the former NASA investigator to the Pitt Grill recently. He was on ...

Janitor at Ivy League school graduates

NEW YORK — For years, Gac Filipaj mopped floors, cleaned toilets and took out trash at Columbia University.

A refugee from war-torn Yugoslavia, he eked out a living working for the Ivy League school. But Sunday was payback time: The 52-year-old janitor donned a cap and gown to graduate with ...

The Dimon Principle

Opinion Journal - Fri, 2024-11-29 23:43
J.P. Morgan's failed trades may well have passed the Volcker rule.


California Ugly

Opinion Journal - Fri, 2024-11-29 23:43
Soaking the rich isn't working on the left coast.


A Prize for Creative Dissent

Opinion Journal - Fri, 2024-11-29 23:43
Three winners in the mold of Václav Havel.


Crovitz: From Nuremberg to Guantanamo

Opinion Journal - Fri, 2024-11-29 23:43
The 9/11 trial will have meaning if it leads to a clear public accounting of the terrorists' crimes.


Alabama farmers cut crops

ONEONTA, Ala. — Some Alabama farmers say they are planting less produce rather than risk having tomatoes and other crops rot in the fields a second straight year because of labor shortages linked to the state's crackdown on illegal immigration.

Keith Dickie said he and other growers in the heart ...

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