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How do we deal with privacy
in the internet age?
•
How do we identify
people on the internet?
•
How do we maintain
privacy of large digital
databases?
Where is privacy in the Constitution?
•
Fourth Amendment
–
No illegal searches and
seizures
•
Fifth Amendment
–
No self-incrimination
What were “old” ideas of privacy?
Olmstead v. United States (1928)
–
OK to wiretap without warrant
–
Brandeis’s dissent argued that
•
Right to privacy did exist
•
Individuals must be protected
against government intrusion
Modern concept of privacy developed
in 1960s
Katz v. United States (1967)
–
Upheld right to privacy
–
Government must have warrant
to wiretap
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2
New ideas of privacy in Patriot Act
•
Sweeping expansion of
government surveillance
authority
•
Reduced “probable cause”
thresholds
•
Limited judicial review
•
Created a “sneak and peak”
provision for police
•
Some provisions have expired
Did pornography “create” the
Internet?
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- Spring '09
- swiontek
- Databases, Fourth Amendment to the United States Constitution, World Wide Web
-
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