Part Four: Surveillance, Search and Seizure Theory Olmstead v. United States, 277 U.S. 438 (1928) Katz v. United States, 389 U.S. 347 (1967) States v. Knotts, 460 ...
Introduction In mid July, Amazon remotely deleted copies of George Orwell #8217;s novels #8220;1984 #8221; and #8220;Animal Farm #8221; from its customers #8217 ...
Elizabeth Doisy, First Paper Introduction China has long maintained a system of social control that prohibits individuals from moving outside of their home areas ...
Computers, Privacy, the Constitution Grades have been posted for those whose second paper is complete. Consult EvaluationPolicy if you have questions about ...
What Daniel should say at the Google Books Settlement Fairness Hearing On October 7, 2009, Judge Denny Chin will preside over a Fairness Hearing with regards to the ...
Learning New Tricks: Lessons from the Animal Rights Movement JustinColannino Collective action is a recurring theme in this class a solution to many of the discussed ...
What Nicholas Kristof and the Denver Broncos Suggest about New News Sources Traditional sources of news built their businesses on the collection, processing, and ...
Hello, World Thousands of years ago, primitive man left colorful handprints on some cave walls in Lascaux, France. Hey, they seemed to say. I was here. The instinct ...
Who killed Trellis Photonics and is Verizon next? Death in Ft. Meade Trellis Photonics. I think it has a nice ring to it, like Astronomy. I first learned of this ...
WardBenson 27 May 2009 A Return to Calvinist America During a recent argument I had some difficulty defending the anti data mining cause. Ok says the 1L, putting ...
The Language of Place TheodoreSmith 15 June 2009 Table of Contents Growing to Simplicity There is a point early in the growth of a network where the emergent ...
Comments would be greatly appreciated. I will openly admit that I am anything but a technological expert. I am, however, a science fiction buff and undyingly optimistic ...
Health Insurance and the Net Individuals are risk averse. We buy insurance to mitigate our personal risks. One of the most important expenses in an individual's ...
Correction By MatthewEckman 15 May 2009 I made a mistake in class one day. Professor Moglen, as I recall, was speaking in ominous tones about the fact that grocery ...
"purpose of voir dire questioning is to obtain a fair and impartial jury" Voir Dire and the Digital Divide By JonathanBonilla 15 May 2009 The litigation process ...
The Grand Inquisitor Meets Free Information the end they will lay their freedom at our feet, and say to us, #8216;Make us your slaves, but feed us. #8217; They will ...
Search Engines and Technological Privacy Solutions Few of us share all of our intimate thoughts, anxieties and desires with even the closest of friends. Yet we have ...
Paper Assignment Not more than 1000 words. Under any circumstances. Due Date First drafts are due by May 1, 2009. Formatting Log in. Clicking here: Create Second ...
What Can We Do? As Eben and others have mentioned throughout the term people are only too happy to give away scads of private information on the internet. No widely ...
Does Copyright Neuter Social Movements? "Thats how to always get something, just get together all at once and yell and yell and yell and yell and yell and yell and ...
A second paper will be here in a while. DanielHarris 22 June 2009 Information war lessons from Iran mobile phones Internet anonymization social media ...
Encryption, Privacy, and the Fifth Amendment By MatthewEckman 08 Mar 2009 PAPER IN PROGRESS The Electronic Frontier Foundation highly recommends that people encrypt ...
Digital Metaphor and the 5th Amendment TheodoreSmith 31 May 2009 Table of Contents Introduction Although ontological questions in law are by no means limited ...
The Eisenhower Inheritance Throughout the term so far as we have discussed the implications of the Internet Age on the US Constitution Eben has constantly reminded ...
The Truth is Not Enough By MahaAtal 18 May 2009 In our class on Part Four, we determined that until we can build a legal infrastructure for privacy, we should take ...
How Do You Protect That Which You Cannot Define (revised) By MahaAtal 17 May 2009 In March, a journalism listserv to which I subscribe ignited over legislation up ...
The Flea Market and the Public Square #8211; Giving the First Amendment a Say in Copyright MislavMataija 11 May 2009 File sharing cases are based on the 1984 ...
The Tragedy of the Communicative Commons: Privacy, Consumerism, and Metaphor Inc. By JonPenney 08 Mar 2009 (revised) Privacy is not doing so well these days. ...
Individual Privacy: A Social Construction? Introduction In order to change the massive trend of disappearing privacy, many aspects of our daily lives must change ...
The Fourth Amendment #8217;s Unwelcome Journey to Canada or Canadian Lessons for American Constitutionalism By JonPenney 27 Apr 2009 How do we fix privacy ...
The Transmogrification of Self: Surveillance, Privacy, and Personhood By SylvieRampal 03 Mar 2009 People are so obsessed with innovation and modernity that they ...
Assessing a Regulatory Approach to Data Protection: the EU Directive By MislavMataija 01 May 2009 Can the collection of personal data be regulated by the market ...
Note: I know this paper is somewhat misplaced within the wiki, but there's no folder for second papers yet. Also, I moved the conversation that was previously occurring ...
Privacy in Electronic Communications is Protected #8211; At Least Presumptively The Section 10 of the Constitution of Finland affirms that #8220;The secrecy of correspondence ...
What's Left of Privacy v.2 Introduction Discarding the style to save the substance seems entirely warranted. Though I myself am not sure what my "usual project" ...
Online Behavioral Advertising By JonathanBonilla 26 Apr 2009 As seen in O #8217;Harrow #8217;s No Place to Hide, online data aggregation can pose a real problem ...
I've moved this conversation here in order to preserve the wiki paper labeling system when I changed my topic for the second paper. RickSchwartz 25 Apr 2009 Undermining ...
Bringing the Right on Board By WardBenson 23 Mar 2009 Even though all Americans consider freedom and privacy to be fundamental to our way of life, many on the ...
#8220;Voluntariness #8221; in 2009 By KateVershov 08 Mar 2009 In States v. Miller , the Supreme Court held that there is no reasonable expectation of privacy ...
Parts Nine and Fourteen: All Privacy and Autonomy Rights Reserved Theory Griswold v. Connecticut, 381 U.S. 479 (Goldberg, J., concurring) Laurence H. Tribe, The ...
In Defense of RFID By DanielHarris 8 Mar 2009 Introduction RFID and related technologies in the form of the smart card have taken a beating, often literally. ...
DanaDelger 15 Feb 2009 I was thirteen when I killed my first deer, the shot flying forth from my hands, an incantation to crumple cities and knees. My father ...
Comparison of Protection of Privacy in Finland and the United States Finnish Data Protection Regime The right to privacy is fundamental right, and protected in Finland ...
Making Microsoft Pay for Windows' Shoddy Security By AndreiVoinigescu 07 Apr 2009 Introduction is the latest in a series of malware exploiting security vulnerabilities ...
For those interested in learning more about US satellites, take a look at the article about Trevor Paglen. He did a very interesting art exhibit at the Berkeley Art ...
Social Networking, the Hyperreal and Informed Consent by Lauren Howard In just a few years, social networking sites like Facebook have become among the most popular ...
NATIONAL SECURITY? OR FREE SOCIETY? TaehyoungKwon 23 Mar 2008 New York Gov. Eliot Spitzer resigned on March 12. amid a scandal over a $1,000 an hour prostitute ...
Questions and Discussion Privacy Guarding Post Office? Even though the 4th Amendment is pretty much dead because it gives no protection to identities, Eben mentioned ...
Part One: Speech, Press, Assembly Theory Lawrence Lessig, Reading the Constitution in Cyberspace (pdf) , 43 Emory L.J. (1996) Potter Stewart, "Or of the Press" ...
Paper Assignment Not more than 1000 words. Under any circumstances. Due Date First drafts are due by March 8, 2009. Formatting Log in. Clicking here: Create First ...
Background In the last class on PartFour I proposed the idea of regulating forgetting, forcing data keepers to sunset data. Eben raised First Amendment issues with ...
I don't know if people saw Markoff's article, "Do We Need A New Internet?" in this weekend's NY Times, but I thought it was an interesting piece. Though not completely ...
Part 4 was the problem of constitutional rights defined as freedom from government activity from unreasonable searches and seizures in the context of technological ...
Historical 4th Amendment has vanished as a useful proposition because technological change outran the judge #8217;s enthusiasm for enforcing or expanding the protection ...
The Framers of the U.S. Constitution took their understanding of the problems to be solved perceived the primary goal of the protection against search, seizure and ...
Weekly news items coming alongside our concerns: Reports of use of location based information to assist in political protest or counter force with those who contributed ...
GerryMoody 12 Feb 2008 I thought it might be helpful to create a topic for personal privacy solutions (encryption, etc.). Chris Soghoian, The day the wiretaps go ...
Class Notes This topic is a container for notes of our class meetings. Sign up for taking notes by adding your name to the chart. Be sureyour classnotes pages have ...
GerryMoody 28 Feb 2008 I was looking at the Law and Contemporary Society wiki, and I noticed that someone came up with a pretty good idea: a note taker sign up page ...
Lecture Notes for Jan 16, 2009 #8226; The course started in 1997, and the course has never stayed the same from year to year #8226; Intended to explain the relationship ...
So this is a pretty random question but I was wondering if anyone had heard of the new book Search of Jefferson's Moose. I stumbled across a mention to it and an ...
Part Six: Speedy and Public Trial Theory Speedy Trial Klopfer v. North Carolina, 386 U.S. 213 (1967) United States v. Marion, 404 U.S 307, (1971) Public Trial Gannett ...
The End of Privacy: Bang, Whimper or... Shrug? By AlexMiddleton 25 Mar 2008 Our last class closed with the lament that Eliot Spitzer's downfall was apparently ...
RobertGlunt 10 Apr 2008 Large private companies are compiling databases of information about Americans without their knowledge or consent. Over the last several ...
RobertGlunt 06 May 2008 A Web 2.0 Lament In college I was fairly heavily involved in parliamentary debate. It did wonderful things to my thinking, terrible things ...
RobertW 25 Mar 2008 Word Count: 976 O #8217;Harrow #8217;s and similar works have taught us that we are quickly losing hope in maintaining privacy of our personal ...
RobertW 28 Apr 2008 The Worn Out Unwelcomeness of Advertisement 989 Words Many believe advertisement bombardment in media will grow to a point at which ...
SarahRogers 15 May 2008 Email Privacy After Councilman : Addressing the ISP Liability Loophole Enacted in 1986, the Electronic Communications Privacy Act (ECPA ...
AlfianKuchit 17 Jan 2009 #8220;Probably the best place within the entire region to install a listening post is the Indian city of Mumbai, #8221; James Bamford writes ...
The New Yorker profiles DNI Michael !McConnell Hi All I confess I have never used a "wiki" before, and despite viewing the "tutorial" I still have absolutely no ...
The Iraqi biometric identification program and its relevance to privacy rights in the U.S. MadhuPocha 13 May 2008 Last year news organizations on the U.S. military ...
The Right to Privacy is Dead; Long Live the Right To Privacy LuisVilla 21 Apr 2008 These are notes and not the final paper; having them in the history of this ...
The Sixth Amendment establishes that in #8220;all criminal prosecutions, the accused shall enjoy the right #8230; to be informed of the nature and cause of the accusation ...
Extreme Porn Five years ago Jane Longhurst, a teacher from Brighton, murdered by Graham Coutts, a fan of websites such as "Club Dead" and "Rape Action" which offered ...
Broadband Providers See a Goldmine in Terms of Service Agreements Still hung over from a brief, drunken courtship with the media giants, broadband providers have awoken ...
Phorm Over Function Phorm, formerly 121Media, is a technology company based in Moscow which became the subject of much scrutiny upon announcing that it was in talks ...
JulianDunn 10 Mar 2008 Julian Dunn Response Paper #1 Word Count: 999 The current battle in Washington over whether to enshrine Net Neutrality into law or not falsely ...
GerryMoody 23 Jun 2008 Liberty and Anonymity In On Liberty, John Stuart Mill argues that autonomous thought and action are necessary conditions for personal liberty ...
The last day of the Internet in Japan? Introduction The eighteen years old high school student in Kobe Prefecture in Japan killed himself by jumping from the rooftop ...
GerryMoody 29 Feb 2008 Professor Moglen continues to make the same "unpopular" argument. Next week there is no class because he will be at a Google event at Stanford ...
GerryMoody 28 Mar 2008 Problems in Tibet. There has been a bust up in the net. The firewall tightening inside China is a further example of a concerted attempt to ...
LuisVilla 14 Feb 2008 Or Of The Press One (of Eben's three) web servers got cut off by the university last week. So if Eben's web server gets cut off (presume a public ...
Anonymity GGM: lost 'two most fundamental rights of man: to sleep with a woman other than his wife and the right to lie about it.' Spitzer similarly keeping it secret ...
GerryMoody 11 Apr 2008 Could there be benefits from the technological system #8212;to expand procedure in courts in light of technology so as to derive more technological ...
So what about Confrontation? (aka PartSix) Does it limit what technology judges and lawyers can use in a courtroom, when they'd otherwise use lots more technology ...
BranwenBuckley 27 Mar 2008 Search Me: Google and Microsoft's foray into medical records As laid out in O'Harrow's book, recent years have led to a wide scale incursion ...
The Constitutional Issues of Spam Mail TaehyoungKwon 27 Apr 2008 I. Introduction In the society of information, spam mail, also known as "bulk e mail" or "junk ...
Here Comes Everybody #HereComesEverybody (#HereComesEverybody) Excerpts from the by http://www.shirky.com/bio.html Clay Shirky Chapter 7: Faster and Faster #FasterAndFaster ...
Determining the appropriate standard for unmasking anonymous defendants in internet defamation suits: what does the First Amendment require? By SarahRogers 28 ...
What Happens in Vegas, Stays in . . . a Government Hard Drive? By MadhuPocha 27 Mar 2008 Few people have heard of Jonas, a man whose work has helped transform ...
Resolving the Paradox: Public Collaboration, Data Sharing, and Privacy By LuisVilla 27 Feb 2008 Collaboration in the Public Eye " W e all derive immense benefit ...
KotaroKubo 05 May 2008 Reconstruction of Public/Private Dichotomy Bernard Crick wrote in his #8220;In Defense of Politics #8221; (1964) that #8220;politics are ...
The Public/Private Dichotomy By KotaroKubo 24 Mar 2008 Understanding of the Public/Private Dichotomy The distinction between #8216;public #8217; and #8216;private ...
Your RDA of Privacy: A Nutrition Facts Label for the Web By GlennLortscher 24 Mar 2008 How much are lists of nouns worth? Quite a lot, if you can tie them to ...