Why Geofencing Violates the Fourth Amendment Post-Carpenter
By Daniel de Zayas As technology advances, new forms of data are created, providing new avenues for law enforcement to investigate...
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THE BLOG
Dec 2, 20197 min read
Balancing Security & Privacy of Electronic Border Searches
By Sasha Brisbon The Fourth Amendment provides the fundamental right to security and privacy from intrusion by the government by...
May 22, 20192 min read
What Individual Rights Apply For A Telepathic Future?
By: Halie B. Peacher President Dwight Eisenhower stated that the United States “must be forward looking in our research and development...
Apr 9, 20194 min read
Lighting the Way for the Next “Going Dark” Encryption Battle
By: Daniel de Zayas “[Encryption] takes us to a place—absolute privacy—that we have not been to before, where the balance we have long...
Feb 18, 20184 min read
Watching the Watchers: Legal Effects of the Section 702 Renewal
By: Carly Nuttall The Foreign Intelligence Surveillance Act (FISA) first became law in 1978. Broadly speaking, FISA is a federal law that...
Nov 13, 20173 min read
Updates Pending: The Supreme Court Grants Certiorari in the Microsoft Ireland Case
By: Jen Goss, November 13, 2017 In October, the Supreme Court granted certiorari in the case of United States v. Microsoft Corp. A...
Oct 16, 20174 min read
A Fourth Amendment Sunset: The FISA 702 Program Reauthorization
By Victoria Garcia The Foreign Intelligence Surveillance Act (“FISA”) 702 Program is an ongoing surveillance program that collects...
Sep 30, 20173 min read
Update Required? Analyzing the Electronic Communications Privacy Act
By Carly Nuttall Most people understand that statements shared on Twitter, status updates posted on Facebook, or photos uploaded to...
Apr 29, 20164 min read
Supreme Court Approves Change to Rule 41 Search and Seizure Warrants for Electronic Property
On Thursday, April 28, Chief Justice John Roberts submitted to Congress, the amendments to the Federal Rules of Criminal Procedure that...
Apr 18, 20164 min read
Cell Site Simulator Technology Violating Fourth Amendment Rights
In the age of modern technology, the balance between individuals’ privacy rights and national security have been heavily weighed....
Mar 27, 20163 min read
The Slippery Slope of Creating an iPhone Backdoor
By Gregory Coutros The FBI’s request that Apple provide an electronic backdoor into the iPhone used by the San Bernardino shooters is, on...
Mar 3, 20164 min read
Backdoors: National Security versus the Fourth Amendment
As citizens of the United States, we rely on our nation’s foundation of rights as defined by the Constitution. These fundamental rights...
Jan 5, 20164 min read
The Third Party Records Doctrine in the Digital Age
In 2013, Associate Justice Sonia Sotomayor’s concurring opinion in United States v. Jones received effusive media coverage.[1] In Jones,...
Nov 16, 20153 min read
Third Party Doctrine: Supporting Government’s Desire to Collect Information
In the past decade the Senate and House of Representatives have attempted to address the ever-growing concerns surrounding cyber-attacks...
Oct 5, 20153 min read
The Allowable use of Cell-Site Simulators
By Keith Violante In a recent statement, the Department of Justice adopted a new policy for the use of cell-site simulators, a highly...
Mar 18, 20154 min read
Do Border Searches Violate American’s Fourth Amendment in the Digital Age?
Imagine taking a weekend road trip to Mexico with a group of friends. Your vehicle is one of about sixty-two million that have crossed...
Feb 17, 20155 min read
‘Roving Patrol’ Abuses and the Demand for Transparency: The ACLU and its FOIA Request to the DHS and
On February 10, 2015, the American Civil Liberties Union of San Diego and Imperial Counties (ACLU-SDIC) filed a lawsuit against the...
Nov 27, 20144 min read
We The People a.k.a. Americans Only
“We the people” is a term largely taken for granted within the United States. The Constitution’s Preamble first introduced American’s to...
Mar 9, 20143 min read
Violation of Privacy or Protection of Citizens?
Being free from unreasonable searches and seizures has always been viewed as part of a fundamental right in our society. Airport...
Nov 9, 20134 min read
Privacy vs. Security: Analyzing Rep. Rogers’ Comments about Privacy in the Context of Blanket NSA Su
On October 29, 2013, the Permanent Select Committee on Intelligence held public hearings regarding NSA surveillance of U.S. citizens, and...
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