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The Digital Fourth Amendment : Privacy and Policing in Our Online World

The Digital Fourth Amendment : Privacy and Policing in Our Online World

Author: Orin Kerr
Publisher: Oxford University Press
ISBN: 9780190627072
Published In: April 2025
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

When can the government read your email or monitor your web surfing? When can the police search your phone or copy your computer files? In the United States, the answers come from the Fourth Amendment to the Constitution and its ban on 'unreasonable searches and seizures.'

The Digital Fourth Amendment: Privacy and Policing in Our Online World takes the reader inside the legal world of how courts are interpreting the Fourth Amendment in the digital age. Computers, smartphones, and the Internet have transformed criminal investigations, and even a routine crime is likely to lead to digital evidence. But courts are struggling to apply old Fourth Amendment concepts to the new digital world. Mechanically applying old rules from physical investigations doesn't make sense, as it often leads to dramatic expansions of government power just based on coincidences of computer design.

Written by a prominent law professor whose scholarship has often been relied on by courts in the field, The Digital Fourth Amendment shows how judges must craft new rules for the new world of digital evidence. It explains the challenges courts confront as they translate old protections to a new technological world, bringing the reader up to date on the latest cases and rulings. Informed by legal history and the latest technology, this book gives courts a blueprint for legal change with clear rules for courts to adopt to restore our constitutional rights in the computer age.

Introduction

Part I. Foundations

1:The Physical Fourth Amendment

2:Digital Evidence

3:Equilibrium-Adjustment

4:The Digital Fourth Amendment

Part II Local Devices

5:Searches and Seizures

6:Warrants for Digital Evidence

7:Border Searches

Part III. Networks

8:Enter the Internet