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Monday, January 31, 2011

Has The Fourth Amendment Been Dismantled By Technology And The Courts?

From Techdirt:
Michael Scott points us to a fascinating book chapter by Christopher Slobogin, in which he discusses how the courts have effectively stripped away the Fourth Amendment in a technological era by effectively saying that 'virtual' technology-based searches don't fall under the Fourth Amendment and, thus, do not need the same sort of oversight. This is, as he notes, a problem and he argues that it's time to bring those types of searches back under the umbrella of the Fourth Amendment...

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