When Machines Are Watching: How Warrantless Use of GPS Surveillance Technology Terminates The Fourth Amendment Right Against Unreasonable Search

The use of GPS surveillance technology for prolonged automated surveillance of American citizens is proliferating, and a direct split between the Ninth and D.C. Circuits on whether warrants are required under the Fourth Amendment for such use of GPS technology is bringing the issue to a head in the Supreme Court. A Petition for Certiorari is pending in the Ninth Circuit case which held that warrants are not required, and a second Petition is likely from the Government in the D.C. Circuit case holding that warrants are required. In this paper, we argue first, that where a technology enables invasion of interests at the heart of the Fourth Amendment’s concern -- protection of citizens from arbitrary government intrusions into their private lives -- the Court’s precedents require warrants to prevent abuse, and second, that the type and scope of information collected by prolonged automated GPS surveillance enables governments to monitor a person’s political associations, their medical conditions and their amorous interests, in a way that invades their privacy and chills expression of other fundamental rights. Our argument differs significantly from previous scholarship by tracing a continuous emphasis in Fourth Amendment jurisprudence on review of the potential for abuse of surveillance methods. Moreover, we are the first to argue that in protecting against abuse the Court has drawn a firm line between technology that simply enhances the natural senses of law enforcement officials, and technology that creates novel, non-biological “senses.” In Part I of this paper, we trace the origins of the Fourth Amendment’s protections against law enforcement abuse, present evidence that GPS surveillance technology is in fact being abused, and discuss the impact unfettered abuse of the technology will have on the individual rights of citizens. In Part II, we explain the Court’s historic approach to new surveillance technologies, noting that the Court has carefully examined new technologies to prevent any end-runs around legal doctrine from eroding personal privacy, and showing that the Court has always required warrants where technology goes beyond enhancement of senses to the creation of new non-biological “senses.” In Part III, we explain why the Supreme Court’s ruling on the use of beeper technology to enhance visual surveillance in United States v. Knotts, 460 U.S. 276 (1983), does not apply to the use of GPS technology as a replacement for visual surveillance. Finally, in Part IV, we explain how prolonged automated GPS surveillance invades a reasonable expectation of privacy and chills the exercise of core constitutional rights

RAZMIN by Qureshi Enterprises: Competing with the Secret Sauce of Competitors

The case is comprised of the entrepreneurial venture of Mr. Fahim Qureshi, who visualized the opportunity for growth and marketability for food, beverages and various FMCG products in Pakistan by organizing the scattered demand. He established QURESHI ENTERPRISE (QE) in 1997.  Mr. Qureshi believe that his deep knowledge of the consumer market, compounded with financial strength and other capabilities provides ample opportunities and further scope for expansion and with this in mind he created his brand “ Razmin”. The brand is for numerous culinary products, like corns, curry pastes and wide range of sauces. All these items are manufactured, packed and branded in Thailand

The Effects of Service Quality on Tourist Loyalty Towards Malaysian Budget Hotels

The hotel industry plays a vital role in tourism development by providing visitor accommodation facilities. This paper focuses on the effects of service quality on the budget hotel industry in Malaysia. Despite the increasing number of tourists opting for budget hotels in recent years, issues related to service quality have affected tourist satisfaction and loyalty, posing significant challenges for the budget hotel sector to maintain its business. The study analyzed the effects of service quality on tourist loyalty towards budget hotels and identified the most influential factor in service quality that affects tourist loyalty. A quantitative approach was employed in this study, and the findings indicate that the responsiveness quality dimension has the most significant effect on tourist loyalty. In contrast, assurance and reliability have no significant effects. Budget hotels must improve their service quality, specifically responsiveness, to enhance tourist loyalty and maintain their business in the highly competitive hotel industry

The Effects of Service Quality on Tourist Loyalty Towards Malaysian Budget Hotels

The hotel industry plays a vital role in tourism development by providing visitor accommodation facilities. This paper focuses on the effects of service quality on the budget hotel industry in Malaysia. Despite the increasing number of tourists opting for budget hotels in recent years, issues related to service quality have affected tourist satisfaction and loyalty, posing significant challenges for the budget hotel sector to maintain its business. The study analyzed the effects of service quality on tourist loyalty towards budget hotels and identified the most influential factor in service quality that affects tourist loyalty. A quantitative approach was employed in this study, and the findings indicate that the responsiveness quality dimension has the most significant effect on tourist loyalty. In contrast, assurance and reliability have no significant effects. Budget hotels must improve their service quality, specifically responsiveness, to enhance tourist loyalty and maintain their business in the highly competitive hotel industry

The Effects of Service Quality on Tourist Loyalty Towards Malaysian Budget Hotels

The hotel industry plays a vital role in tourism development by providing visitor accommodation facilities. This paper focuses on the effects of service quality on the budget hotel industry in Malaysia. Despite the increasing number of tourists opting for budget hotels in recent years, issues related to service quality have affected tourist satisfaction and loyalty, posing significant challenges for the budget hotel sector to maintain its business. The study analyzed the effects of service quality on tourist loyalty towards budget hotels and identified the most influential factor in service quality that affects tourist loyalty. A quantitative approach was employed in this study, and the findings indicate that the responsiveness quality dimension has the most significant effect on tourist loyalty. In contrast, assurance and reliability have no significant effects. Budget hotels must improve their service quality, specifically responsiveness, to enhance tourist loyalty and maintain their business in the highly competitive hotel industry

Free Expression in America Post-2020 A Landmark Survey of Americans Views on Speech Rights

Free expression and the freedom of speech are cornerstones of American democracy. Yet the interpretation of the First Amendment continues to be a flashpoint in the 21st century as the nation debates how to apply these rights to our society. For the 2021 "Free Expression in America Post-2020" report, Knight Foundation commissioned Ipsos to conduct a survey with a nationally representative sample of more than 4,000 American adults, including an additional sample of 1,000 undergraduate college students. The Knight Foundation-Ipsos study provides a comprehensive look at American attitudes toward freedom of speech in a post-2020 environment, building on Knight Foundation's long-standing work studying free speech views among students since 2004. The findings described in this report cover many but not all of the rich insights possible from this complex dataset. We invite the public and researchers to explore this publicly available resource in further detail. This study finds that all Americans hold to the ideal of free speech, but putting free expression into practice reveals significant differences in experiences and attitude. It examines how Americans view free expression issues, events and the application of our First Amendment rights in an increasingly digital, diverse, and politically driven society.

When Machines are Watching: How Warrantless Use of GPS Surveillance Technology Violates the Fourth Amendment Right Against Unreasonable Searches

Federal and state law enforcement officials throughout the nation are currently using Global Positioning System (GPS) technology for automated, prolonged surveillance without obtaining warrants. As a result, cases are proliferating in which criminal defendants are challenging law enforcement’s warrantless uses of GPS surveillance technology, and courts are looking for direction from the Supreme Court. Most recently, a split has emerged between the Ninth and D.C. Circuit Courts of Appeal on the issue. In United States v. Pineda-Moreno, the Ninth Circuit relied on United States v. Knotts — which approved the limited use of beeper technology without a warrant — to uphold warrantless use of GPS surveillance technology. However, in United States v. Maynard, the D.C. Circuit held that warrants are required for law enforcement use of GPS tracking devices. In distinguishing Knotts, the D.C. Circuit pointed to the vast differences between the relatively primitive beeper technology used almost thirty years ago and the unprecedented power of GPS surveillance technology used today. The Seventh Circuit Court of Appeals and various state courts are similarly divided. In light of this confusion, the Supreme Court has recently agreed to review the issue, granting certiorari from the decision of the D.C. Circuit in Maynard and leaving the Pineda-Moreno petition in a holding pattern. On November 8, the Supreme Court will hold oral arguments in the case, which was docketed under the new name United States v. Jones. The Supreme Court’s Fourth Amendment doctrine, including its cases evaluating new surveillance technologies, has always been informed by one of the Amendment’s animating principles: its mandate to prevent abuse of police power. While the Court has not always articulated this theory of the Fourth Amendment as clearly as it could have, a careful review of the case law reveals a concern about abuse and “a too permeating police surveillance.” This reading demands that, in any review of new surveillance technology, courts must evaluate the technology’s potential for abuse. Unfortunately, in drawing lines between technology such as powerful binoculars that merely enhance the senses of law enforcement officials and technology such as thermal imaging devices that create new superhuman powers, the Justices have offered confusing guidance to lower courts. At times, they have relied on a distinction between sense enhancement and sense creation, a superficial distinction that fails to delineate when new surveillance technology is problematic. At other times, the Court has reverted to language reminiscent of past Fourth Amendment doctrine requiring some sort of physical trespass in order to trigger the warrant requirement. The Court rejected that doctrine in Katz v. United States, when it recognized that new technologies make a private space/public space line unworkable. However, the Justices’ failure to explain clearly the source of their concerns about new technology, coupled with their haphazard use of language, has confused the lower courts and commentators. This confusion has led some to conclude that the use of GPS surveillance technology for prolonged, automated surveillance of targets should not be considered a “search” subject to the Fourth Amendment, at least to the extent that the surveillance occurs on public streets. As we argue in this Essay, the use of GPS surveillance for prolonged monitoring without a warrant cannot pass muster under the Fourth Amendment. It may seem at first glance that GPS tracking of public actions — actions that the police can otherwise follow without a warrant in the status quo — is harmless from a privacy perspective. After all, if cops can tail a suspect for days or weeks without a warrant, what difference does it make if the tracking is done by an undercover officer or a GPS device under the hood of a suspect’s car? However, when “machines are watching” — that is, when tracking is automated and extended for prolonged periods of time — the potential for abuse grows larger. In such circumstances, the warrant requirement, with its limited exceptions, provides a necessary check on overreach by law enforcement authorities. This Essay is organized in three Parts. In Part I, we outline the Fourth Amendment’s structural protections against law enforcement abuse and explain the Court’s historic approach to new surveillance technologies. While the Court’s approach is undertheorized, we show that the Court has carefully examined new technologies to prevent technological end-runs around existing legal doctrine that seeks to protect personal privacy. We maintain that the Court’s doctrinal distinction between sense-enhancing and sense-creating technology is effectively a proxy for the Court’s underlying interest in protecting against governmental abuse. In Part II, we explain why GPS surveillance technology creates unprecedented potential for abuse, and we present anecdotal evidence suggesting that abuse of GPS surveillance technology may be occurring already. Note, though, that our argument does not hinge on the claim that abuse is widespread. Rather, we argue that GPS surveillance poses a real threat, even if (and we have no way of knowing whether this is true) the potential for abuse has not yet been realized except in a limited number of cases. Our conception of the Fourth Amendment differs fundamentally from the Solicitor General’s view, expressed in the government’s brief in Jones, that “[t]he decision whether to apply different constitutional principles to hypothetical programs of mass, suspicion- less surveillance can await resolution if such programs ever occur.” We do not believe that the Court must stand aside until “Big Brother” arrives; doing so would render the Fourth Amendment’s protections a “dead letter.” In Part III, we connect our interpretation of the Fourth Amendment to the “reasonable expectation of privacy” language that looms large in contemporary case law. In our view, a “reasonable expectation of privacy” may be violated even if individuals already anticipate that the information at issue can be accessed by law enforcement officials. Indeed, any other interpretation of that language would yield perverse implications: if “hypothetical programs of mass, suspicion-less surveillance” ever arrived, individuals would then have no expectation of privacy once they learned of the surveillance, and the “expectation of privacy” protection — if interpreted literally — would become a nullity. Our interpretation of the Fourth Amendment is consistent with the concerns underlying past Supreme Court decisions. As Part III explains, control over information about our location is still central to our sense of self. This interpretation of the Fourth Amendment and the individual rights interpretation ultimately converge in GPS cases, and both views counsel in favor of the conclusion that the use of this technology for automated, prolonged surveillance should be subject to the Fourth Amendment’s warrant requirement

RAZMIN by Qureshi Enterprises: Competing with the Secret Sauce of Competitors

The case is comprised of the entrepreneurial venture of Mr. Fahim Qureshi, who visualized the opportunity for growth and marketability for food, beverages and various FMCG products in Pakistan by organizing the scattered demand. He established QURESHI ENTERPRISE (QE) in 1997.  Mr. Qureshi believe that his deep knowledge of the consumer market, compounded with financial strength and other capabilities provides ample opportunities and further scope for expansion and with this in mind he created his brand “ Razmin”. The brand is for numerous culinary products, like corns, curry pastes and wide range of sauces. All these items are manufactured, packed and branded in Thailand

The Effects of Service Quality on Tourist Loyalty Towards Malaysian Budget Hotels

The hotel industry plays a vital role in tourism development by providing visitor accommodation facilities. This paper focuses on the effects of service quality on the budget hotel industry in Malaysia. Despite the increasing number of tourists opting for budget hotels in recent years, issues related to service quality have affected tourist satisfaction and loyalty, posing significant challenges for the budget hotel sector to maintain its business. The study analyzed the effects of service quality on tourist loyalty towards budget hotels and identified the most influential factor in service quality that affects tourist loyalty. A quantitative approach was employed in this study, and the findings indicate that the responsiveness quality dimension has the most significant effect on tourist loyalty. In contrast, assurance and reliability have no significant effects. Budget hotels must improve their service quality, specifically responsiveness, to enhance tourist loyalty and maintain their business in the highly competitive hotel industry