III How does the government view privacy The government has a duty to protect

Iii how does the government view privacy the

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III. How does the government view privacy? The government has a duty to protect the citizens, but there a line between protection and violation of civil rights. Privacy is becoming an emerging cultural debate, as the security of the United States and civil rights seems to be in conflict. Privacy laws are
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Corporate responsibility and privacy rights 7 arcane at best, and should be updated. Relying mostly on the rules of physical trespassing, where does that line exist in the virtual world? In the post Snowden era, what is the government currently doing and what is the law. a. How do the US courts view privacy? i. “Roughly half of the Supreme Court decisions from 1970 to 2011 address privacy rights in some aspect. The single largest category were cases involving a ‘reasonable expectation of privacy’ under the Fourth amendment, including the extent to which privacy rights are implicated, or violated, by searches or seizures that are initiated by private parties wit some degree of government involvement.” (Cate and Cate, 2012,p. 255). ii. The US Supreme Court ruled in Nelson vs. National Aeronautics and Space Administration, that there was a constitutional right to privacy based on the Fourth and Fifth Amendment of the Constitution. That the constitutional right to informational privacy was previously recognized at the 9 th circuit court and other federal courts. The informational privacy right is implied in those amendments, and should have the same protections as the other privacy functions, bodily and physical privacy. “The court through the years has been clear that there is a constitutional right to physical privacy, as in the right against unreasonable search and seizures, and a right to bodily privacy, as in the right to terminate a pregnancy, use birth control or limit a involuntary medical exam.” (Comerford, 2011,p. 2). iii. The Fourth Amendment, US Constitution.
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Corporate responsibility and privacy rights 8 a. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures , shall not be violated, and no Warrants shall issue, but upon probable cause , supported by Oath or affirmation, and particularly describing the place to be searched , and the persons or things to be seized ." (U.S.Const. Amend. IV). b. Purpose is to protect the peoples right to privacy and freedom from arbitrary governmental intrusions. c. “It is time that the court being to address whether revolutionary changes in technology require changes to existing Fourth Amendment doctrine.” (Smith, 2011,p.2). b. Government intrusions into privacy Legal or not. i. All Writs Act 1789, ( 28 U.S. Code § 1651). a. “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” b. Used to coerce technology corporations into aiding in federal investigations under the guise of National Security or Terrorism.
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  • Spring '12
  • Boyce
  • privacy rights

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