4 ms·
Does the Fourth Amendment cover the cloud?
- tokenadult 17y ago"Written by David A. Couillard, a student at the University of Minnesota Law School expected to graduate this year, the paper is a concise but thorough outline of where we stand with respect to the application of Fourth Amendment law to Internet computing." One of the oddities of legal scholarship is that students who have not yet finished their degrees edit most of the professional journals (law reviews) and they can be published in those journals with articles (called "comments" or "notes" by convention) that sometimes are even cited by the Supreme Court. Kudos to this student.
- pmorici 17y ago"cases like Smith v. Maryland, in which the courts argued that people generally gave up an expectation of privacy with regard to their phone records simply through the act of dialing their phone" This seems wrong, why stop at the number, one could argue that you give up your expectation of privacy with respect to your voice and data which is transmitted through the phone company equipment as well.
- martey 17y agohttp://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=442&page=735 http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&... As the CNet article noted, Justice Blackmun and the 3 judges that agreed with him thought that there was a distinction between the phone numbers the petitioner dialed (obviously recorded by the phone company, still they would later appear on his bill) and the contents of his conversation (not obviously recorded, and already protected by Katz v United States). The three dissenting judges agreed with you, but there were less of them, so their views did not become law.