Slobogin 10 Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School.
Minnesota Law Review May, 2010 94 Minn. L. Rev. 1588 SYMPOSIUM CYBERSPACE & THE LAW: PRIVACY, PROPERTY, AND CRIME IN THE VIRTUAL FRONTIER: Proportionality, Privacy, and Public Opinion: A Reply to Kerr and Swire lexis
The problem with the Court's post-Terry cases is not their adoption of a balancing framework but their willingness to make blithe assumptions about the "invasiveness" of the government actions and to treat legislative and executive allegations of law enforcement "need" as givens. Instead, I argue, the Court should engage in strict scrutiny analysis of government efforts to obtain evidence of wrongdoing. n19 Privacy at Risk elaborates on this argument by focusing on two different types of government surveillance, "physical surveillance" and "transaction surveillance." Physical surveillance refers to real-time observation of physical behavior with the naked eye or with technology such as binoculars, night scopes, tracking devices, and surveillance cameras. n20 Transaction surveillance involves obtaining information about transactions from third-party record-holders, such as banks, credit card agencies and Internet service providers (ISPs). n21 With the help of technology, both types of surveillance have increased exponentially in the past decade. n22
Dostları ilə paylaş: |
