Read It’s Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law

It’s Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law

Unknown Author

4.9/5 (13760 ratings)

Description:For more than forty years, electronic surveillance law in the United States has drawn a strong distinction between the protections afforded to communications “content” and those afforded to the“non-content”—also known as “metadata”—associated with it. The legal framework for surveillance law was developed largely in the context of the mid-twentieth century telephone system, which itself treated content and metadata as cleanly distinct technical concepts. In an era of relative stability in telephone services and technologies, the constitutional and statutory legal principles, once established, were usually straightforward to apply to individual cases, even as the technology incrementally improved.The Internet, a great disrupter in so many ways, challenges bed-rock assumptions on which several principles of modern surveillance law rest. The network’s open and dynamic architecture creates a communication environment where an individual unit of data may change its status—from content to non-content or vice versa—as it travels across the Internet’s layered structures from sender to recipient. The unstable, transient status of data traversing the Internet is compounded by the fact that the content or non-content status of any individual unit of data may also depend upon where in the network that unit resides when the question is asked. In this digitized, Internet Protocol (“IP”)-based communications environment, the once stable legal distinction between content and non-content has steadily eroded to the point of collapse, decimating in its wake any meaningful application of the third-party doctrine. Simply put, the world of Katz, Smith, the corresponding statutes that codify the content/non-content distinction, and the third-party doctrine are no longer capable of accounting for and regulating law enforcement access to data in an IP-mediated communications environment.This Article examines why and how we now find ourselves bereft of the once reliable support these foundational legal structures provided and demonstrates the urgent need for the development of new rules and principles capable of regulating law enforcement access to Internet communications data.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with It’s Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law. To get started finding It’s Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

Pages: 101

Format: PDF, EPUB & Kindle Edition

Publisher: Harvard Journal of Law & Technology

Release: 2016

ISBN

Description: For more than forty years, electronic surveillance law in the United States has drawn a strong distinction between the protections afforded to communications “content” and those afforded to the“non-content”—also known as “metadata”—associated with it. The legal framework for surveillance law was developed largely in the context of the mid-twentieth century telephone system, which itself treated content and metadata as cleanly distinct technical concepts. In an era of relative stability in telephone services and technologies, the constitutional and statutory legal principles, once established, were usually straightforward to apply to individual cases, even as the technology incrementally improved.The Internet, a great disrupter in so many ways, challenges bed-rock assumptions on which several principles of modern surveillance law rest. The network’s open and dynamic architecture creates a communication environment where an individual unit of data may change its status—from content to non-content or vice versa—as it travels across the Internet’s layered structures from sender to recipient. The unstable, transient status of data traversing the Internet is compounded by the fact that the content or non-content status of any individual unit of data may also depend upon where in the network that unit resides when the question is asked. In this digitized, Internet Protocol (“IP”)-based communications environment, the once stable legal distinction between content and non-content has steadily eroded to the point of collapse, decimating in its wake any meaningful application of the third-party doctrine. Simply put, the world of Katz, Smith, the corresponding statutes that codify the content/non-content distinction, and the third-party doctrine are no longer capable of accounting for and regulating law enforcement access to data in an IP-mediated communications environment.This Article examines why and how we now find ourselves bereft of the once reliable support these foundational legal structures provided and demonstrates the urgent need for the development of new rules and principles capable of regulating law enforcement access to Internet communications data.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with It’s Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law. To get started finding It’s Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

Special Offer | $0.00

Special Offer! | $0.00

It’s Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law

It’s Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law

More Books