scholarly journals Ill Suited to the Digital Age: Fourth Amendment Exceptions and Cell Site Location Information Surveillance

2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Michael T.E. Kalis
2019 ◽  
Vol 45 (4) ◽  
pp. 331-355
Author(s):  
Ryan Knox

Every day, companies collect health information from customers and analyze it for commercial purposes. This poses a significant threat to privacy, particularly as the Fourth Amendment protection of this deeply personal information is limited. Generally, law enforcement officers do not need probable cause and a warrant to access these private health information databases; only a subpoena is required, and sometimes nothing at all. The Fourth Amendment protections for health information may, however, have changed after the Supreme Court's 2018 decision in Carpenter v. United States, which held that the Fourth Amendment protects people from warrantless searches of historical cell-site location information possessed by their cell phone providers. The Court explained that, because of the nature of historical cell-site location information, individuals retain a reasonable expectation of privacy despite the information being in the possession of a third party. In reaching its holding, the Supreme Court considered the type of data, the uniqueness of cell-site location information, the impact of technological advancement on privacy, the voluntariness of the disclosure, and the property rights associated with the records. Many of these factors could support heightened Fourth Amendment protection for health information. This Article argues that Carpenter v. United States provides additional protections for future searches of health information in private databases.


1977 ◽  
Vol 42 (3) ◽  
pp. 449-461 ◽  
Author(s):  
Linda S. Cordell

AbstractData derived from site survey and excavation in central New Mexico indicate that there is a lack of congruence, or agreement, between material recovered through excavation and expectations derived from environmental, ethnographic and site location information. It is argued that the lack of congruence should not be dismissed but may provide useful insights into past subsistence technology.


2019 ◽  
Author(s):  
Lawrence Friedman

This is a response to Laura Donohue’s book, THE FUTURE OF FOREIGN INTELLIGENCE: PRIVACY AND SURVEILLANCE IN A DIGITAL AGE (Oxford 2016). The book has many virtues. It provides a clear explanation of the nature of foreign intelligence surveillance in the age of electronic communication and the dangers posed by that surveillance as it has evolved and escaped the legal framework Congress designed to regulate it, the Foreign Intelligence Surveillance Act. She also provides a robust understanding of the reasons why information privacy is important, and why the framers sought to protect this form of privacy through the Fourth Amendment. The question, though, is whether reform is possible. Donohue argues for a new Fourth Amendment standard to govern foreign intelligence surveillance, one that recognizes and accounts for the dangers this surveillance poses to the information privacy rights of U.S. persons. Notwithstanding the merits of the proposal, such a standard can only come from the U.S. Supreme Court, and that is not likely any time soon. Part of the problem is the Fourth Amendment itself, as the Court has allowed its protections to atrophy in the face of the perceived needs of law enforcement—especially notable when compared to the Court’s protection of free speech. And part of the problem is the traditional deference the Court has shown the political branches in all matters related to national security—even when national security regulations implicate free speech. If we are going to change constitutional doctrine, it will take a litigation strategy and a body of favorable rulings—a string of precedents of which the Court must take account. One place to look is state constitutional law, where the work of trying to preserve viable search and seizure protections in the digital age has already begun.


2019 ◽  
pp. 1487
Author(s):  
Sarah Mezera

One of the most significant challenges confronting courts and legal scholars in the twenty-first century is the application of Fourth Amendment doctrine to new technology. The circuit split over the application of the private search doctrine to electronic devices exemplifies how courts struggle to apply old doctrines to new circumstances. Some courts take the position that the old doctrine should apply consistently in the new context. Other courts have changed the scope of the old doctrine in order to account for the change in circumstances. The Supreme Court took the latter position in Carpenter v. United States and held that the third-party doctrine does not apply to cell-site location information records. The Court’s willingness to limit the scope of an established doctrine to preserve fundamental privacy interests suggests that Carpenter is just the beginning of a dramatic shift in Fourth Amendment law. This Note argues that the circuit split over the private search doctrine should be resolved by creating a narrow electronic private search doctrine based on the logic of Carpenter.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Mohamed Amin Abdelfatah

Abstract One of the most important parameters in meteorological data is the Precipitable Water Vapor (PWV). It can be measured by radiosonde stations (RS), but the fact is that RS are not available in all times. Therefore, GNSS satellite signals are considered an accurate function to compute it within a conversation factor. The conversation factor depends on the weighted mean temperature ( T m {T_{m}} ) which is non-measurable. In this research, a new idea to estimate T m {T_{m}} is provided, which can potentially contribute to the GNSS meteorology. The T m {T_{m}} was designed, including six RS, over one year in Egypt as input parameters. The machine learning (ML) model has been utilized in the design (IBM SPSS Statistics 25 package). The new model needs to collect the day of year (DOY), site location information and surface temperature to predict the T m {T_{m}} . The results of ML model and four other empirical models (Bevis et al., Wayan and Iskanda, Yao and Elhaty et al. models) are compared. The validation work is carried out, using the radiosonde data, and results indicate that the new T m {T_{m}} model can achieve the best performance with RMS of 1.7 K.


Sign in / Sign up

Export Citation Format

Share Document