scholarly journals Fourth Amendment. Of Warrants, Electronic Surveillance, Expectations of Privacy, and Tainted Fruits

1984 ◽  
Vol 75 (3) ◽  
pp. 630
Author(s):  
Dawn Webber
2020 ◽  
Vol 20 (1) ◽  
pp. 27-57
Author(s):  
Christine Carpenter

Summary An individual citizen’s right to privacy has found extensive protection in the modern democratic state. However, with the increase of technological innovation and new kinds of threats, democratic states must grapple with balancing a problem that can never be wholly solved—governments seeking to create the optimal degree of security inevitably conflicts with citizens’ optimal degree of privacy. This article examines one vehicle through which governments have prioritized national security at the expense of individual privacy: mass electronic surveillance. Employing the case study method, this article compares three cases where mass electronic surveillance measures were challenged before the European Court of Human Rights under Article 8 against four cases where such measures were challenged in the U.S. judicial system under the Fourth Amendment. This article seeks to determine how the treatment of privacy infringements created by mass electronic surveillance differs when examined in these two different privacy regimes. I argue the Strasbourg Court’s use of what is known in the literature as the “proportionality analysis” provoked by Article 8(2) allows for more substantial protections of privacy rights in Europe than under the Fourth Amendment in the U.S..


2019 ◽  
Vol 24 (3) ◽  
pp. 291-300
Author(s):  
Evgeny I. Minakov ◽  
◽  
Aleksandr V. Meshkov ◽  
Elena O. Meshkova ◽  
◽  
...  

Author(s):  
Apollinariya Aleksandrovna Sapfirova ◽  
Victoria Gagikovna Oganesyan ◽  
Alina Vadimovna Podgornaya

This paper discusses the implementation of the Federal labor Inspectorate’s powers in the digital economy during the ongoing administrative reform. The effectiveness of this state structure is affected by its dual legal nature, such as the power of labor inspectors is aimed at protecting the rights of em-ployees. In the conditions of the digital economy and the presence of a pandemic, labor rights are fully protected, and the power of Rostrud is limited in relation to supervised objects by prohibiting cer-tain inspections. Under current conditions, the most essential activity of Rostrud is the need to form an electronic supervision system based on the results of the ongoing legal experiment on the introduction of electronic personnel document management. The use of an electronic signature in the activities of Rostrud is the first step in the possibility of imple-menting an electronic surveillance system, which was catalyzed by the pandemic. We believe that elec-tronic supervision will be the next stage of moderni-zation of Rostrud’s activities in the digital economy.


Sign in / Sign up

Export Citation Format

Share Document