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Author: David Gray
Publisher: Cambridge University Press
ISBN: 1107133238
Category : Law
Languages : en
Pages : 319
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Book Description
This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.
Author: David Gray
Publisher: Cambridge University Press
ISBN: 1107133238
Category : Law
Languages : en
Pages : 319
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Book Description
This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
ISBN: 0374710902
Category : Political Science
Languages : en
Pages : 449
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Book Description
“At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.
Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377
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Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 906
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Book Description
Author: Andrew Guthrie Ferguson
Publisher: NYU Press
ISBN: 147986997X
Category : Law
Languages : en
Pages : 267
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Book Description
Winner, 2018 Law & Legal Studies PROSE Award The consequences of big data and algorithm-driven policing and its impact on law enforcement In a high-tech command center in downtown Los Angeles, a digital map lights up with 911 calls, television monitors track breaking news stories, surveillance cameras sweep the streets, and rows of networked computers link analysts and police officers to a wealth of law enforcement intelligence. This is just a glimpse into a future where software predicts future crimes, algorithms generate virtual “most-wanted” lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool. Andrew Guthrie Ferguson reveals how these new technologies —viewed as race-neutral and objective—have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to “turn the page” on racial bias. But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections. In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime. The Rise of Big Data Policing is a must read for anyone concerned with how technology will revolutionize law enforcement and its potential threat to the security, privacy, and constitutional rights of citizens. Read an excerpt and interview with Andrew Guthrie Ferguson in The Economist.
Author: Laura K. Donohue
Publisher: Oxford University Press
ISBN: 019023539X
Category : Law
Languages : en
Pages : 209
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Book Description
Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.
Author: Daniel J. Solove
Publisher: Yale University Press
ISBN: 0300177259
Category : Law
Languages : en
Pages : 271
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Book Description
"If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy"--Jacket.
Author: Cyrus Farivar
Publisher: Melville House
ISBN: 1612196462
Category : Political Science
Languages : en
Pages : 305
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Book Description
A book about what the Cambridge Analytica scandal shows: That surveillance and data privacy is every citizens’ concern An important look at how 50 years of American privacy law is inadequate for the today's surveillance technology, from acclaimed Ars Technica senior business editor Cyrus Farivar. Until the 21st century, most of our activities were private by default, public only through effort; today anything that touches digital space has the potential (and likelihood) to remain somewhere online forever. That means all of the technologies that have made our lives easier, faster, better, and/or more efficient have also simultaneously made it easier to keep an eye on our activities. Or, as we recently learned from reports about Cambridge Analytica, our data might be turned into a propaganda machine against us. In 10 crucial legal cases, Habeas Data explores the tools of surveillance that exist today, how they work, and what the implications are for the future of privacy.
Author: John R. Vile
Publisher: CQ Press
ISBN: 145223423X
Category : Reference
Languages : en
Pages : 923
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Book Description
Covering the key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants, this new reference on the law of search and seizure—in the physical as well as the online world—provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. More than 900 A to Z entries cover the key issues that surround this essential component of the Bill of Rights and the linchpin of a right to privacy. This two-volume reference—from the editors of CQ Press’s award-winning Encyclopedia of the First Amendment—features a series of essays that examine the historical background of the Fourth Amendment along with its key facets relating to: Technology Privacy Terrorism Warrant requirement Congress States A to Z entries include cross-references and bibliographic entries. This work also features both alphabetical and topical tables of contents as well as a comprehensive subject index and a case index.At a time when threats of crime and terrorism have resulted in increased governmental surveillance into personal lives, this work will serve as an important asset for researchers seeking information on the history and relevance of legal rights against such intrusions. Key Features: More than 900 signed entries, including 600 court cases and 100 biographies Preface by noted journalist Nat Hentoff From the editors of CQ Press’s award-winning Encyclopedia of the First Amendment
Author: Richard Thompson II
Publisher: CreateSpace
ISBN: 9781503009066
Category :
Languages : en
Pages : 30
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Book Description
In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government access to, as a matter of Fourth Amendment law, a vast amount of information about individuals, such as the websites they visit; who they have emailed; the phone numbers they dial; and their utility, banking, and education records, just to name a few. Questions have been raised whether this doctrine is still viable in light of the major technological and social changes over the past several decades.
