The Right to Privacy Is Dying

Author(s):  
Sam B. Edwards III

This chapter explores privacy in American jurisprudence from its inception until the present day. This examination starts with the first challenge of defining privacy. The second section examines the body of research on the importance of privacy. The third section focuses on privacy in American jurisprudence from its inception to its current state. This examination will include analysis of specific cases where technology has advanced and privacy has retreated. The purpose of this examination is to elucidate how current privacy doctrine no longer represents either the original intent nor the wishes of the citizens. The final section examines different paths the U.S. can take at this important point in privacy jurisprudence.

Author(s):  
Sam B. Edwards III

This chapter explores privacy in American jurisprudence from its inception until the present day. This examination starts with the first challenge of defining privacy. The second section examines the body of research on the importance of privacy. The third section focuses on privacy in American jurisprudence from its inception to its current state. This examination will include analysis of specific cases where technology has advanced and privacy has retreated. The purpose of this examination is to elucidate how current privacy doctrine no longer represents either the original intent nor the wishes of the citizens. The final section examines different paths the U.S. can take at this important point in privacy jurisprudence.


Author(s):  
Sam B. Edwards III

This chapter explores privacy in American jurisprudence from its inception until the present day. This examination starts with the first challenge of defining privacy. The second section examines the body of research on the importance of privacy. The third section focuses on privacy in American jurisprudence from its inception to its current state. This examination will include analysis of specific cases where technology has advanced and privacy has retreated. The purpose of this examination is to elucidate how current privacy doctrine no longer represents either the original intent nor the wishes of the citizens. The final section examines different paths the U.S. can take at this important point in privacy jurisprudence.


2000 ◽  
Vol 17 (2) ◽  
pp. 25-44 ◽  
Author(s):  
Lloyd L. Weinreb

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right.


TEME ◽  
2020 ◽  
pp. 997
Author(s):  
Tanja V. Kesić ◽  
Ivana Bjelovuk

The application of thermal imaging cameras in crime detection has raised the question of the legality of their use, as well as the procedural value of thus obtained information. With regard to these questions, the standpoint of the U.S. court practice has shown diametrically opposite views. The earliar U.S. courts rulings took the position that the application of thermal imaging cameras was not subject to the fulfillment of any particular conditions and that it was encompassed by police discretionary decisions. The position of later rulings was that the application of new technologies, including thermal imaging cameras, was subject to basic conditions required for searching, i.e. mandatory obtaining of the court order with the purpose of protecting the right to privacy. As the application of thermal imaging cameras in the Republic of Serbia is prescribed neither by laws nor by by-laws, it could be governed by general regulations on the use of technical means in implementing operational tactical measures and actions, as well as gathering of evidence. Therefore, thermal imaging cameras might be used in police actions, such as police observation, covert surveillance and recording. In the course of covert surveillance and recording, as part of theevidence gathering process, the use of thermal imaging cameras would be regulated by the same conditions by which the undertaken actions are regulated. Since the possibility of the application of thermal imaging cameras while performing police observation is not explicitly provided for, dilemmas with regard to their use still remain, as well as the issues concerning their procedural value.       


2018 ◽  
Author(s):  
Anxhelina Zhidro ◽  
Arbesa Kurti ◽  
Klodjan Skënderaj

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