The Fourth Amendment to the US Constitution is fundamental for the privacy law. Part of the US Bill of Rights, ratified in 1791 and adopted in 1792, it was designed to ensure protection for citizens against unlawful and unreasonable searches and seizures of property by the government. The prime role of the Fourth Amendment has not changed since the eighteenth century, but today’s expanded number of threats to citizens’ privacy demands a wider range of applications for the amendment and brings to life a number of necessary clarifications.
Great amounts of information are generated by organizations and individuals every day. Ever-evolving technology makes capturing and storing this information increasingly simple by turning it into an automated, relatively cheap routine every office and private business owner, website administrator and blogger, smartphone user and video gamer, car driver and most anyone else engage in every day. The ease of storing, accessing, analyzing, and transferring...
Further Readings
Carmen, D., Rolando, V., & Hemmens, C. (2010). Criminal procedure and the supreme court: A guide to the major decisions on search and seizure, privacy, and individual rights. Lanham, MD: Rowman & Littlefield Publishers.
Gray, D., & Citron, D. (2013). The right to quantitative privacy. Minnesota Law Review, 98(1), 62–144.
Joh, E. E. (2014). Policing by numbers: Big data and the fourth amendment. Washington Law Review, 89(1), 35–68.
McInnis, T. N. (2009). The evolution of the fourth amendment. Lanham: Lexington books.
Ness, D. W. (2013). Information overload: Why omnipresent technology and the rise of big data Shouldn’t spell the end for privacy as we know it. Cardozo Arts & Entertainment Law Journal, 31(3), 925–957.
Schulhofer, S. J. (2012). More essential than ever: The fourth amendment in the twenty first century. Oxford: Oxford University Press.
United States Courts. What does the fourth amendment mean? http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/fourth-amendment/fourth-amendment-mean.aspx. Accessed August, 2014.
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Yuran, D. (2017). Fourth Amendment. In: Schintler, L., McNeely, C. (eds) Encyclopedia of Big Data. Springer, Cham. https://doi.org/10.1007/978-3-319-32001-4_97-1
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