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The fourth amendment and the global internet [pdf]
- bediger4000 12y agoSince we're talking "global" here, the "fourth amendment" in question is the USA's constitution 4th amendment - citizens are supposed to be secure in their person, houses, papers and effects, and the government is supposed to get arrest and search warrants only for specific suspicions - no "search the east side of the city" sort of thing. The general idea is that citizens are supposed to be treated as if they were innocent, not as if they were guilty, and all the government has to do is figure out exactly what they're guilty of. Police are to have limited powers. This is supposed to contribute to a free and open atmosphere, which leads to faster innovation, etc etc etc. A rising tide lifts all boats. My problem with analyses like Kerrs here, is that if something like a freedom from unreasonable search and seizure is good policy, then why limit it to US citizens? Why not apply it universally? Instead, Kerr goes full lawyer on it, the Supreme Court has defined the contours of the law, there's an N-pronged test for who qualifies, blah blah, all very inhuman.