[PDF] Defining The Reasonable Expectation Of Privacy eBook

Author : Andrew T. Kenyon
Publisher : Cambridge University Press
Page : 399 pages
File Size : 47,15 MB
Release : 2016-04-21
Category : Law
ISBN : 110712364X

GET BOOK

Leading experts from common law jurisdictions examine defamation and privacy, two major and interrelated issues for law and media.

Author : Daniel J. Solove
Publisher : Harvard University Press
Page : 234 pages
File Size : 16,60 MB
Release : 2010-03-30
Category : Law
ISBN : 0674972031

GET BOOK

Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible. In this concise and lucid book, Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances. His theory bridges cultural differences and addresses historical changes in views on privacy. Drawing on a broad array of interdisciplinary sources, Solove sets forth a framework for understanding privacy that provides clear, practical guidance for engaging with relevant issues. Understanding Privacy will be an essential introduction to long-standing debates and an invaluable resource for crafting laws and policies about surveillance, data mining, identity theft, state involvement in reproductive and marital decisions, and other pressing contemporary matters concerning privacy.

Author : Richard Thompson II
Publisher : CreateSpace
Page : 30 pages
File Size : 43,3 MB
Release : 2014-10-31
Category :
ISBN : 9781503009066

GET BOOK

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.

Author : Samuel D. Brandeis, Louis D. Warren
Publisher : BoD – Books on Demand
Page : 42 pages
File Size : 48,98 MB
Release : 2018-04-05
Category : Fiction
ISBN : 3732645487

GET BOOK

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Author : Jeffrey Rosen
Publisher : Vintage
Page : 298 pages
File Size : 45,19 MB
Release : 2011-04-20
Category : Political Science
ISBN : 0307766608

GET BOOK

As thinking, writing, and gossip increasingly take place in cyberspace, the part of our life that can be monitored and searched has vastly expanded. E-mail, even after it is deleted, becomes a permanent record that can be resurrected by employers or prosecutors at any point in the future. On the Internet, every website we visit, every store we browse in, every magazine we skim--and the amount of time we skim it--create electronic footprints that can be traced back to us, revealing detailed patterns about our tastes, preferences, and intimate thoughts. In this pathbreaking book, Jeffrey Rosen explores the legal, technological, and cultural changes that have undermined our ability to control how much personal information about ourselves is communicated to others, and he proposes ways of reconstructing some of the zones of privacy that law and technology have been allowed to invade. In the eighteenth century, when the Bill of Rights was drafted, the spectacle of state agents breaking into a citizen's home and rummaging through his or her private diaries was considered the paradigm case of an unconstitutional search and seizure. But during the impeachment of President Bill Clinton, prosecutors were able to subpoena Monica Lewinsky's bookstore receipts and to retrieve unsent love letters from her home computer. And the sense of violation that Monica Lewinsky experienced is not unique. In a world in which everything that Americans read, write, and buy can be recorded and monitored in cyberspace, there is a growing danger that intimate personal information originally disclosed only to our friends and colleagues may be exposed to--and misinterpreted by--a less understanding audience of strangers. Privacy is important, Rosen argues, because it protects us from being judged out of context in a world of short attention spans, a world in which isolated bits of intimate information can be confused with genuine knowledge. Rosen also examines the expansion of sexual-harassment law that has given employers an incentive to monitor our e-mail, Internet browsing habits, and office romances. And he suggests that some forms of offensive speech in the workplace--including the indignities allegedly suffered by Paula Jones and Anita Hill--are better conceived of as invasions of privacy than as examples of sex discrimination. Combining discussions of current events--from Kenneth Starr's tapes to DoubleClick's on-line profiles--with inno-vative legal and cultural analysis, The Unwanted Gaze offers a powerful challenge to Americans to be proactive in the face of new threats to privacy in the twenty-first century.

Author : James Stribopoulos
Publisher :
Page : 0 pages
File Size : 13,47 MB
Release : 2013
Category :
ISBN :

GET BOOK

This paper argues that the American "open-fields" doctrine should not be imported into Canada. That doctrine holds that there is no reasonable expectation of privacy in the area beyond the curtilage surrounding a home and therefore searches of such "open-fields" do not engage constitutional safeguards, such as the warrant requirement. In making the case that the open-fields doctrine should be rejected by Canadian courts, the paper canvasses the differences between American and Canadian constitutional jurisprudence relating to the definition of reasonable privacy expectations under the constitutional guarantees relating to the protection of privacy in both the American Bill of Rights and the Canadian Charter of Rights and Freedoms. The paper argues that a key difference is the rejection of a "risk-analysis" approach to the definition of reasonable privacy expectations in Canada. That difference, explains the author, is the principal reason why the open-fields doctrine should find no place in section 8 Charter jurisprudence. The open-fields exception to the warrant requirement is all about misguided and illogical risk-reasoning, which the Supreme Court of Canada has consistently and clearly rejected.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 33,6 MB
Release : 2007
Category : Law
ISBN : 9781590318737

GET BOOK

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Sjaak Nouwt
Publisher : Cambridge University Press
Page : 392 pages
File Size : 31,85 MB
Release : 2005-07-28
Category : Computers
ISBN : 9789067041980

GET BOOK

In 1967, Justice John Marshall Harlan introduced the litmus test of ‘a reasonable expectation of privacy’ in his concurring opinion in the US Supreme Court case of Katz v. United States. Privacy, regulations to protect privacy, and data protection have been legal and social issues in many Western countries for a number of decades. However, recent measures to combat terrorism, to fight crime, and to increase security, together with the growing social acceptance of privacy-invasive technologies can be considered a serious threat to the fundamental right to privacy. What is the purport of ‘reasonable expectations of privacy’? Reasonable expectations of privacy and the reality of data protection is the title of a research project being carried out by TILT, the Tilburg Institute for Law, Technology, and Society at Tilburg University, The Netherlands. The project is aimed at developing an international research network of privacy experts (professionals, academics, policymakers) and to carry out research on the practice, meaning, and legal performance of privacy and data protection in an international perspective. Part of the research project was to analyse the concept of privacy and the reality of data protection in case law, with video surveillance and workplace privacy as two focal points. The eleven country reports regarding case law on video surveillance and workplace privacy are the core of the present book. The conclusions drawn by the editors are intended to trigger and stimulate an international debate on the use and possible drawbacks of the ‘reasonable expectations of privacy’ concept. The editors are all affiliated to TILT – Tilburg Institute for Law, Technology, and Society, Tilburg University, The Netherlands. This is Volume 7 in the Information Technology and Law (IT&Law) Series