CYBERSURVEILLANCE WITHOUT RESTRAINT? THE MEANING AND SOCIAL VALUE OF THE PROBABLE CAUSE AND REASONABLE SUSPICION STANDARDS IN GOVERNMENTAL ACCESS TO THIRD-PARTY ELECTRONIC RECORDS.
The United States Supreme Court has interpreted the Fourth Amendment to provide no privacy protection for records held by third parties. The American Bar Association recently sought to step into this breach by recommending standards to govern government access to third- party electronic records, suc...
| Publicado en: | Journal of Criminal Law & Criminology Vol. 103; no. 3; pp. 839 - 906 |
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| Formato: | Artículo |
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Northwestern University
Summer2013
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=89862801&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 89862801 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 00914169 CLC jtl: Journal of Criminal Law & Criminology issn: 00914169 maglogo: N pubinfo: dt: Summer2013 vid: 103 iid: 3 pid: 1093 pub: Northwestern University artinfo: ui: 89862801 ppf: 839 ppct: 67 formats: fmt: @attributes: type: P size: 6.7MB tig: atl: CYBERSURVEILLANCE WITHOUT RESTRAINT? THE MEANING AND SOCIAL VALUE OF THE PROBABLE CAUSE AND REASONABLE SUSPICION STANDARDS IN GOVERNMENTAL ACCESS TO THIRD-PARTY ELECTRONIC RECORDS. aug: au: TASLITZ, ANDREW E. affil: Professor of Law, Washington College of Law, American University su: United States United States. Supreme Court United States. Constitution. 4th Amendment American Bar Association Right of privacy Law Electronic record laws Probable cause (Searches & seizures) Records & correspondence of the banking industry Internet service provider laws sug: subj: Right of privacy Law United States United States. Supreme Court United States. Constitution. 4th Amendment American Bar Association Wired Telecommunications Carriers All Other Telecommunications Other telecommunications Electronic record laws Probable cause (Searches & seizures) Records & correspondence of the banking industry Internet service provider laws ab: The United States Supreme Court has interpreted the Fourth Amendment to provide no privacy protection for records held by third parties. The American Bar Association recently sought to step into this breach by recommending standards to govern government access to third- party electronic records, such as those held by banks, Internet service providers, and medical care providers. Those standards retain requirements of probable cause and reasonable suspicion for government access respectively to highly protected and moderately protected records. Law enforcement has challenged these requirements as unduly burdensome, while some commentators have argued that probable cause and reasonable suspicion are so easy to prove in the third-party records context as to provide no effective privacy protection at all. This Article challenges both those views by defining with greater specificity than has yet been accomplished the meaning of two aspects of probable cause: the quantitative and the qualitative. The Article also addresses their social value by exploring cognitive science, philosophy on the nature of probability, and political incentives facing police and prosecutors. The Article also examines the evidentiary concept of "weight" and analyzes the implications of various technological processes for applying these justification requirements in the third-party electronic-records context. The Article ultimately concludes that retaining probable cause and reasonable suspicion protections--when coupled with additional protections provided by the standards--is neither oppressive of law enforcement nor underprotective of persons whose records are searched. Instead, the balance achieved by the standards in this area is just right. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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