The Fourth Amendment and Cyberspace: Conflict or Cohesion?
The purpose of the study was to determine how the Fourth Amendment is treated in the age of the internet. To determine the degree of the significance of this relationship a comparative approach is used. Court opinions from cases involving other technological innovations and the Fourth Amendment were...
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| Format: | Others |
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PDXScholar
2011
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| Online Access: | https://pdxscholar.library.pdx.edu/open_access_etds/336 https://pdxscholar.library.pdx.edu/cgi/viewcontent.cgi?article=1335&context=open_access_etds |
| Summary: | The purpose of the study was to determine how the Fourth Amendment is treated in the age of the internet. To determine the degree of the significance of this relationship a comparative approach is used. Court opinions from cases involving other technological innovations and the Fourth Amendment were examined and their reasoning was compared to that of cases involving the internet and the Fourth Amendment. The results indicated that contrary to some fears that the internet would require a different approach with respect to the law it actually did not present many novel barriers to its application. The principle conclusion was that the reasoning used in cases involving older technologies, namely the test outlined in Katz v. United States, was consistently applied even in the age of the internet. |
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