scholarly journals Computer Forensics, Search Strategies, and the Particularity Requirement

2007 ◽  
Vol 7 ◽  
Author(s):  
Wayne Jekot
Keyword(s):  
Search Strategy ◽  
Search Strategies ◽  
Computer Forensics ◽  
Search And Seizure ◽  
Reasonable Expectation ◽  
Reasonable Expectation Of Privacy

Assuming that a person subject to a search and seizure of his or her computer has a reasonable expectation of privacy in the contents of the computer, and thus a warrant is required, should the warrant outline a “search strategy”? Or should comprehensive computer searches be permitted? In other words, how should the particularity requirement be applied to computer searches? Correspondingly, what can a forensic examiner do under a warrant while collecting potential evidence from a computer? [...]

scholarly journals Applying and Developing the Intrusion into Seclusion Tort in New Zealand

2021 ◽  
Author(s):  
◽  
William Fussey
Keyword(s):  
New Zealand ◽  
Personal Information ◽  
Tort Law ◽  
Limited Attention ◽  
Search And Seizure ◽  
Reasonable Expectation ◽  
Protection Mechanism ◽  
The Us ◽  
The Usa ◽  
Reasonable Expectation Of Privacy

<p>As new and intrusive ways of invading a person’s privacy become increasingly common, it is important that tort law has a satisfactory way of protecting a person from intrusion. The case of C v Holland in 2012 created such a protection mechanism, by importing the tort of intrusion into seclusion from the USA. Whereas the first tort of privacy introduced in New Zealand protects the publication of private facts, intrusion into seclusion prevents access to a person even if it does not result in dissemination of any personal information. This thesis explains why protecting the intrusion interest per se is important and uses Kirsty Hughes’ barriers theory, which suggests that privacy should only be protected when a desire for it is communicated or normatively appropriate, to help define the intrusion interest such that it is legally useful. It analyses the elements of an intrusion into seclusion action as suggested by Whata J in C v Holland, and recommends how they could be better constituted. The crux of the thesis though focuses on when a reasonable expectation of privacy is satisfied, a question that received limited attention in C v Holland. This section suggests that determining a reasonable expectation of privacy involves a detailed analysis of three suggested factors, modified from Richard Wilkins’ approach in the US search and seizure context. The thesis considers how the factors could be applied, both separately and holistically, to an intrusion into seclusion claim in New Zealand.</p>

scholarly journals Applying and Developing the Intrusion into Seclusion Tort in New Zealand

2021 ◽  
Author(s):  
◽  
William Fussey
Keyword(s):  
New Zealand ◽  
Personal Information ◽  
Tort Law ◽  
Limited Attention ◽  
Search And Seizure ◽  
Reasonable Expectation ◽  
Protection Mechanism ◽  
The Us ◽  
The Usa ◽  
Reasonable Expectation Of Privacy

<p>As new and intrusive ways of invading a person’s privacy become increasingly common, it is important that tort law has a satisfactory way of protecting a person from intrusion. The case of C v Holland in 2012 created such a protection mechanism, by importing the tort of intrusion into seclusion from the USA. Whereas the first tort of privacy introduced in New Zealand protects the publication of private facts, intrusion into seclusion prevents access to a person even if it does not result in dissemination of any personal information. This thesis explains why protecting the intrusion interest per se is important and uses Kirsty Hughes’ barriers theory, which suggests that privacy should only be protected when a desire for it is communicated or normatively appropriate, to help define the intrusion interest such that it is legally useful. It analyses the elements of an intrusion into seclusion action as suggested by Whata J in C v Holland, and recommends how they could be better constituted. The crux of the thesis though focuses on when a reasonable expectation of privacy is satisfied, a question that received limited attention in C v Holland. This section suggests that determining a reasonable expectation of privacy involves a detailed analysis of three suggested factors, modified from Richard Wilkins’ approach in the US search and seizure context. The thesis considers how the factors could be applied, both separately and holistically, to an intrusion into seclusion claim in New Zealand.</p>

scholarly journals Tessling, Brown, and A.M.: Towards a Principled Approach to Section 8

2015 ◽  
Author(s):  
William MacKinnon
Keyword(s):  
Supreme Court ◽  
Historical Development ◽  
Search And Seizure ◽  
Reasonable Expectation ◽  
Section 8 ◽  
Individual Privacy ◽  
The Supreme Court ◽  
Reasonable Expectation Of Privacy

This article analyzes the Supreme Court of Canada's search-and-seizure jurisprudence in anticipation of the Court's forthcoming decisions on the admissibility of evidence obtained by police dog searches in Brown and A.M. After reviewing the historical development of s. 8, the author then goes on to discuss the strengths and weaknesses of the Court's analysis of sense-enhancing aids and the reasonable expectation of privacy' in Tessling. The article ultimately argues that the Court ought to eschew a case-by-case model for establishing the existence of areasonable expectation of privacy, and go beyond the facts of Brown and A.M. in order to adopt a more principled approach to s. 8. The author maintains that a more principled approach is necessary because stale actors need clearer guidance if they are to successfully balance individual privacy with the use of sense enhancing aids.

Search Engine Update

2001 ◽  
Vol 1 (3) ◽  
pp. 28-31 ◽  
Author(s):  
Valerie Stevenson
Keyword(s):  
Search Engine ◽  
Search Engines ◽  
Search Strategy ◽  
Search Strategies ◽  
Boolean Logic ◽  
Web Searches ◽  
Search Techniques ◽  
Looking Back ◽  
The Web

Looking back to 1999, there were a number of search engines which performed equally well. I recommended defining the search strategy very carefully, using Boolean logic and field search techniques, and always running the search in more than one search engine. Numerous articles and Web columns comparing the performance of different search engines came to different conclusions on the ‘best’ search engines. Over the last year, however, all the speakers at conferences and seminars I have attended have recommended Google as their preferred tool for locating all kinds of information on the Web. I confess that I have now abandoned most of my carefully worked out search strategies and comparison tests, and use Google for most of my own Web searches.

Reasonable expectation of privacy and third-party consent searches.

1991 ◽  
Vol 15 (2) ◽  
pp. 121-138 ◽  
Author(s):  
Dorothy K. Kagehiro ◽  
Ralph B. Taylor ◽  
Alan T. Harland
Keyword(s):  
Third Party ◽  
Reasonable Expectation ◽  
Reasonable Expectation Of Privacy

Voyeurism

2020 ◽  
pp. 195-224
Author(s):  
Stuart P. Green
Keyword(s):  
Criminal Law ◽  
New Technologies ◽  
Sexual Misconduct ◽  
Psychological Trauma ◽  
Social Practices ◽  
Potential Harm ◽  
Reasonable Expectation ◽  
Revenge Porn ◽  
Reasonable Expectation Of Privacy ◽  
Alleged Victim

This chapter considers the offense of voyeurism, where the offender infringes on the complainant’s autonomy by intruding on her sexual privacy without her consent. Rather than ask if the alleged victim expressed actual consent, it will sometimes be appropriate to ask if she gave constructive consent, based on her assuming the risk of some potential harm or wrong. Many victims of voyeurism probably never know that they have been victimized and thus do not suffer the usual sort of psychological trauma that victims of sexual misconduct often endure. Nevertheless, voyeurism clearly involves a serious wrong. In that sense, it constitutes what has been referred to in the criminal law theory literature as a harmless wrong. There is also another conceptual challenge that voyeurism presents. In order for the offense to be committed, the victim must have had a reasonable expectation of privacy. But this raises the question of exactly what expectations of privacy should be considered reasonable in a world in which new technologies and new social practices—including social media, smartphones, sexting, and revenge porn—have simultaneously lowered the threshold of what society regards as private while increasing the potential for harm to individuals.

scholarly journals A systematic approach to searching: an efficient and complete method to develop literature searches

2018 ◽  
Vol 106 (4) ◽  
Author(s):  
Wichor M. Bramer ◽  
Gerdien B. De Jonge ◽  
Melissa L. Rethlefsen ◽  
Frans Mast ◽  
Jos Kleijnen
Keyword(s):  
Systematic Reviews ◽  
Search Strategy ◽  
Optimization Technique ◽  
Search Strategies ◽  
Biomedical Literature ◽  
Systematic Search ◽  
Free Text ◽  
Text Document ◽  
Search Terms ◽  
Free Text Search

Creating search strategies for systematic reviews, finding the best balance between sensitivity and specificity, and translating search strategies between databases is challenging. Several methods describe standards for systematic search strategies, but a consistent approach for creating an exhaustive search strategy has not yet been fully described in enough detail to be fully replicable. The authors have established a method that describes step by step the process of developing a systematic search strategy as needed in the systematic review. This method describes how single-line search strategies can be prepared in a text document by typing search syntax (such as field codes, parentheses, and Boolean operators) before copying and pasting search terms (keywords and free-text synonyms) that are found in the thesaurus. To help ensure term completeness, we developed a novel optimization technique that is mainly based on comparing the results retrieved by thesaurus terms with those retrieved by the free-text search words to identify potentially relevant candidate search terms. Macros in Microsoft Word have been developed to convert syntaxes between databases and interfaces almost automatically. This method helps information specialists in developing librarian-mediated searches for systematic reviews as well as medical and health care practitioners who are searching for evidence to answer clinical questions. The described method can be used to create complex and comprehensive search strategies for different databases and interfaces, such as those that are needed when searching for relevant references for systematic reviews, and will assist both information specialists and practitioners when they are searching the biomedical literature.

scholarly journals Documentary reality television's privacy problem

2021 ◽  
Author(s):  
◽  
Kent Newman
Keyword(s):  
Life Events ◽  
Reality Television ◽  
Privacy Rights ◽  
Public Authorities ◽  
Reasonable Expectation ◽  
Active Involvement ◽  
Significant Life ◽  
Privacy Problem ◽  
Television Formats ◽  
Reasonable Expectation Of Privacy

<p>Documentary reality television is hugely successful. The genre, which includes shows like Police Ten 7, Coastwatch and Border Patrol, consistently outperforms other television formats and fills free-to-air television schedules. In these shows ride-along film crews and body-worn cameras record agencies as they go about their tasks. Often these agencies are public authorities and their tasks are statutory functions. The purpose of this paper is to examine the genre’s privacy implications. It concludes that the genre is systemically unlawful. It is unlawful because it breaches the privacy rights of involuntary participants. The paper considers the privacy implications by examining the genre against the shared features of the publication tort and the Privacy Broadcasting Standard. Both of these consider that it is a breach of privacy to broadcast material subject to a reasonable expectation of privacy, where that broadcast is highly offensive unless there is an applicable defence. While the material broadcast represents the work of agencies, it also represents the personal stories of everyday people going about their lives. Often the moments captured are significant life events and intimate moments for those people. By agreeing to contribute to the genre, agencies agree to broadcast these life events without the active involvement of the participants. Research has also found that this is often occurring without informed consent. While the focus of this paper is on the private law implications of the genre, it identifies that some public authorities’ involvement in the genre may also be ultra vires. The paper finishes by considering why, if the genre is systemically unlawful, people are not suing. It considers that general issues with access to civil justice and the powers of the Broadcasting Standards Authority stand in the way of potential complainants. It finishes by considering some solutions that could improve the situation.</p>

scholarly journals Maximally informative foraging by Caenorhabditis elegans

eLife ◽  
2014 ◽  
Vol 3 ◽  
Author(s):  
Adam J Calhoun ◽  
Sreekanth H Chalasani ◽  
Tatyana O Sharpee
Keyword(s):  
Caenorhabditis Elegans ◽  
Search Strategy ◽  
Search Strategies ◽  
Drift Diffusion Model ◽  
Nematode Caenorhabditis Elegans ◽  
Drift Diffusion ◽  
C Elegans ◽  
Multi Stage ◽  
Seeking Behavior ◽  
Food Seeking

Animals have evolved intricate search strategies to find new sources of food. Here, we analyze a complex food seeking behavior in the nematode Caenorhabditis elegans (C. elegans) to derive a general theory describing different searches. We show that C. elegans, like many other animals, uses a multi-stage search for food, where they initially explore a small area intensively (‘local search’) before switching to explore a much larger area (‘global search’). We demonstrate that these search strategies as well as the transition between them can be quantitatively explained by a maximally informative search strategy, where the searcher seeks to continuously maximize information about the target. Although performing maximally informative search is computationally demanding, we show that a drift-diffusion model can approximate it successfully with just three neurons. Our study reveals how the maximally informative search strategy can be implemented and adopted to different search conditions.

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