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Update Required? Analyzing the Electronic Communications Privacy Act

By   /  September 30, 2017  /  Cybersecurity, Cybersecurity Law & Policy, Fourth Amendment, National Security Law, Right to Privacy Online, Searches & Seizures, Trending Topics  /  No Comments

By Carly Nuttall Most people understand that statements shared on Twitter, status updates posted on Facebook, or photos uploaded to Instagram are not private. But what about emails, text messages, health and financial records, or photos stored in the cloud? Although most people would assume that this information is protected—both by passwords and the Fourth […]

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The Third Party Records Doctrine in the Digital Age

By   /  January 6, 2016  /  Fourth Amendment, National Security Law, Right to Privacy Online, Searches & Seizures  /  No Comments

In 2013, Associate Justice Sonia Sotomayor’s concurring opinion in United States v. Jones received effusive media coverage.[1] In Jones, the Court held that the Government’s installation of a GPS device on a vehicle, and its use of that device to monitor the movements of the vehicle, constitutes a search under the Fourth Amendment.[2] Associate Justice […]

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Violation of Privacy or Protection of Citizens?

By   /  March 9, 2014  /  Featured, Fourth Amendment, National Security Law, National Security Law & Policy, Searches & Seizures  /  No Comments

Being free from unreasonable searches and seizures has always been viewed as part of a fundamental right in our society.  Airport security has always been under strict scrutiny with regards to requiring identification and the search of an individual’s personal items. Should Americans feel that this is a privacy invasion or merely a less intrusive way […]

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Warrantless Wiretapping Fallout Continues

By   /  December 3, 2013  /  Cyber-surveillance, Cybersecurity, Cybersecurity Law & Policy, Featured, Fifth Amendment, First Amendment, FISA, Fourth Amendment, Human Rights in Cyberspace, Intelligence, National Security Law, National Security Law & Policy, Searches & Seizures, Surveillance, Terrorist Trials, Trending Topics  /  No Comments

Earlier this year, a Somali-American man, Mohamed Mohamud, was convicted of trying to use a weapon of mass destruction at a Christmas tree lighting ceremony in Portland, Oregon in 2010.  On Tuesday, November 19, 2013, the Department of Justice’s prosecutors filed a two-page notice in the United States District Court for the District of Oregon disclosing […]

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Indefinite Detainment of American Citizens Without Due Process Under the National Defense Authorization Act

By   /  November 26, 2013  /  AUMF, Counterterrorism, Fifth Amendment, First Amendment, Fourth Amendment, Global War on Terror, National Security Law, National Security Law & Policy, Searches & Seizures, Terrorist Trials  /  No Comments

Since the terrorist attacks of September 11, 2011, the United States government has fought to protect and secure our national security.  A vital role of the Executive Branch is to apprehend individuals who are suspected of participating or aiding in terrorist activities against the United States of America. As being the commander-in-chief of the United States […]

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