Changing Tides: A Lesser Expectation of Privacy in a Post 9/11 World

In sum, the Court has in recent years balanced the degree of government intrusion of the individual or place searched against the government\u27s need for the search. This article addresses some of the questions posed by the evolution of the Fourth Amendment doctrine in light of terrorist concerns since 9/11. Part II will address the history of Fourth Amendment jurisprudence, from the Boyd Era of property protection and the use of general warrants to discover evidence of crime, to Olmstead and the development of the right of privacy under the Fourth Amendment. Part III will address the modern test under Katz and the current search and seizure doctrine, including Terry stops; racial, ethnic, and terrorist profiles; airport and border searches; roadblocks; and mass video and data surveillance. Part IV will discuss the recent assaults on privacy interests under the expectation of privacy test and address the need to balance liberty and privacy concerns under the Fourth Amendment with the need for domestic homeland security. Part V will explore whether the current Katz standard of reasonable expectations of privacy is sufficient under changing circumstances of the war on terror or whether the special needs doctrine or a domestic security exception to the Fourth Amendment\u27s test of reasonableness should govern under society\u27s changing expectations with respect to privacy and security

Security, Privacy, and Technology Development: The Impact on National Security

The evolution of modern communications and information technology sparked a revolution of unprecedented proportions, bringing about an explosion in terms of users and capabilities, as well as increasing demands for both security and privacy. To meet these security demands, new technologies are evolving that can in fact provide a secure and protected environment. At the same time, however, the technology-development path is being increasingly impacted by two other major dynamics: the legal environment and user expectations with respect to privacy. Within the past four years in particular, several major court decisions as well as the official release of documents and illicit “leaks” have drawn enormous attention to what privacy protections must be afforded to various types of data and communications. Users, increasingly aware of intrusions into their data and communications—ranging from intelligence services to hackers and criminals—are demanding greater levels of protection. While technological approaches to greater privacy are possible, they are not costfree— particularly in terms of the computational overhead and other constraints imposed on new systems

Security, Privacy, and Technology Development: The Impact on National Security

The evolution of modern communications and information technology sparked a revolution of unprecedented proportions, bringing about an explosion in terms of users and capabilities, as well as increasing demands for both security and privacy. To meet these security demands, new technologies are evolving that can in fact provide a secure and protected environment. At the same time, however, the technology-development path is being increasingly impacted by two other major dynamics: the legal environment and user expectations with respect to privacy. Within the past four years in particular, several major court decisions as well as the official release of documents and illicit “leaks” have drawn enormous attention to what privacy protections must be afforded to various types of data and communications. Users, increasingly aware of intrusions into their data and communications—ranging from intelligence services to hackers and criminals—are demanding greater levels of protection. While technological approaches to greater privacy are possible, they are not costfree— particularly in terms of the computational overhead and other constraints imposed on new systems

Privacy in public spaces: what expectations of privacy do we have in social media intelligence?

In this paper we give an introduction to the transition in contemporary surveillance from top down traditional police surveillance to profiling and “pre-crime” methods. We then review in more detail the rise of open source (OSINT) and social media (SOCMINT) intelligence and its use by law enforcement and security authorities. Following this we consider what if any privacy protection is currently given in UK law to SOCMINT. Given the largely negative response to the above question, we analyse what reasonable expectations of privacy there may be for users of public social media, with reference to existing case law on art 8 of the ECHR. Two factors are in particular argued to be supportive of a reasonable expectation of privacy in open public social media communications: first, the failure of many social network users to perceive the environment where they communicate as “public”; and secondly, the impact of search engines (and other automated analytics) on traditional conceptions of structured dossiers as most problematic for state surveillance. Lastly, we conclude that existing law does not provide adequate protection for open SOCMINT and that this will be increasingly significant as more and more personal data is disclosed and collected in public without well-defined expectations of privacy