Constitutional Issues – Right to Privacy
Prior to beginning work on this discussion, read the Smith (2013) (https://btlj.org/data/articles2015/vol28/28_AR/28-berkeley-tech-l-j-1003-1036.pdf) and Kerr (2012) (https://volokh.com/2012/01/23/whats-the-status-of-the-mosaic-theory-after-jones/) articles and watch the Privacy protection in today’s society video segment below:
https://fod.infobase.com/p_ViewVideo.aspx?xtid=10469
The 4th Amendment to the U.S. Constitution has traditionally applied to tangible materials: home, car, purse, personal belongings, etc. This Amendment states in pertinent part, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” In your 400 word minimum initial post, examine how this well over 200 year old amendment applies to the Internet and cyber crime investigations by addressing the following areas.
Explain how the 4th Amendment applies to non-tangible materials, such as the Internet, emails, and social media applications.
Analyze the “reasonable expectation of privacy” for individuals and corporations when utilizing the Internet.
Summarize the limits on governmental powers and methods to obtain private information from people and corporations garnered through the Internet.
Evaluate exceptions to the warrant requirement that police agencies can use to prosecute Internet crime.