Constitutional Issues – Right to Privacy
Prior to beginning work on this discussion, read the Smith (2013) (Links to an external site.) and Kerr (2012) (Links to an external site.) articles and watch the Privacy protection in today’s society video segment below:
The 4th Amendment to the U.S. Constitution has traditionally applied to tangible materials: home, car, purse, personal belongings, etc. This Amendment states in pertinent part, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” In your 400 word minimum initial post, examine how this well over 200 year old amendment applies to the Internet and cyber crime investigations by addressing the following areas.
Aldrich, R. W. (2000). Cyberterrorism and computer crimes: Issues surrounding the establishment of an international legal regime (Links to an external site.). INSS Occasional Paper 32: Information Operations Series. Retrieved from https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwj_yvuA-ZbkAhWDNX0KHddDDZsQFjAAegQIABAC&url=https%3A%2F%2Fpdfs.semanticscholar.org%2F48fa%2F85c336cfabcd3a56c3de4068c46cd33af7ee.pdf&usg=AOvVaw1ADr-Q0lStq1LU2P1lBT-6
Fong, I. K. & Delaney, D. G. (2013). America the virtual: Security, privacy and interoperability in an interconnected world: Leap-ahead privacy as a government responsibility in the digital age (Links to an external site.). American University Law Review, 62(5), 1131-1143.
Kerr. O. (2012, January 23). What’s the status of the Mosaic Theory after Jones? (Links to an external site.) Retrieved from http://volokh.com/2012/01/23/whats-the-status-of-the-mosaic-theory-after-jones/
Smith, L. E. (2013). Jonesing for a test: Fourth Amendment privacy in the wake of United States v. Jones (Links to an external site.). Berkley Technology Law Journal, 28. Retrieved from http://btlj.org/data/articles2015/vol28/28_AR/28-berkeley-tech-l-j-1003-1036.pdf
Greco, J. I. (Writer), & Halper, A. (Producer). (1997). Privacy protection in today’s society (Links to an external site.) [Video file]. In Privacy and Security-A Fred Friendly Seminar. Retrieved from https://fod.infobase.com/OnDemandEmbed.aspx?token=10469&wID=100753&loid=5784&plt=FOD&w=420&h=315&fWidth=440&fHeight=365
KnowledgeAtWharton. (2012, December 6). Security expert Amos Guiora: “Cyber terrorism poses an enormous threat” (Links to an external site.) [Video file]. Retrieved from https://youtu.be/-zzNtjxo-bk
Mitchell, J., & Pate, J. (2003, April 1). The Department of Homeland Security: Goals and challenges (Links to an external site.). Retrieved from http://www.nti.org/analysis/articles/homeland-security-goals-challenges/
Department of Justice. (n.d.). What is the USA patriot web (Links to an external site.). Retrieved from http://www.justice.gov/archive/ll/highlights.htm
MSCJ Resources (Links to an external site.) (http://ashford-mscj.weebly.com/)
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