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Thinking about Katz's Fourth Amendment Protections

gregh  2007-03-13 14:54       

As I mentioned in my previous post, this is occupying much of my time these days. The general area concerns government surveillance of communications. It raises questions of just what protections Katz provided, and how they may be best applied to the Internet. Opinions run the gamut.

The most extreme anti-protection side says that Katz doesn't really apply at all. All communications on the Internet are exposed to third parties, and therefore, there is no reasonable expectation of privacy. The only protection for Internet communication is what the legislature promulgates. Right now, that's the combination of the Wiretap Act, the Electronic Communications Privacy Act and the USA-PATRIOT Act.

The most extreme pro-protection side feels that all communications should be protected, that that includes all Internet communications, and the wittling down of protections brought on by subsequent cases, like Smith v. Maryland and others.

Throughout the middle there's a lot of stuff. It's that stuff I'm adding to.

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