Fourth Amendment

Implications of New School Surveillance Methods on Student Data Privacy, National Security, Electronic Surveillance, and the Fourth Amendment

editor Article , , , , , , , ,

Implications of New School Surveillance Methods on Student Data Privacy, National Security, Electronic Surveillance, and the Fourth Amendment

By Amanda Peskin, University of Maryland, Francis King Carey School of Law, Class of 2024

Abstract

Since the Covid-19 pandemic, schools have escalated their use of educational technology to improve students’ in-school and at-home learning. Although educational technology has many educational benefits for students, it has serious implications for students’ data privacy rights. Not only does using technology for educational practices allow schools to surveil their students, but it also avails students to data collection by the educational technology companies. This paper discusses the legal background of surveilling and monitoring student activity, provides the implications surveillance has on technology, equity, and self-expression, and offers several policy-based improvements to better protect students’ data privacy.

Continue reading →

“You Have the Right to Remain Silent(?)”: An Analysis of Courts’ Inconsistent Treatment of the Various Means to Unlock Phones in Relation to the Right Against Self-Incrimination

editor Article , , , ,

“You Have the Right to Remain Silent(?)”: An Analysis of Courts’ Inconsistent Treatment of the Various Means to Unlock Phones in Relation to the Right Against Self-Incrimination

By Thomas E. DeMarco, University of Maryland Francis King Carey School of Law, Class of 2023[*]

Riley and Carpenter are the most recent examples of the Supreme Court confronting new challenges technology presents to its existing doctrines surrounding privacy issues. But while the majority of decisions focus on Fourth Amendment concerns regarding questions of unreasonable searches, far less attention has been given to Fifth Amendment concerns. Specifically, how does the Fifth Amendment’s protections against self-incrimination translate to a suspect’s right to refuse to unlock their device for law enforcement to search and collect evidence from? Additionally, how do courts distinguish between various forms of unlocking devices, from passcodes to facial scans?

Continue reading →

Digitizing the Fourth Amendment: Privacy in the Age of Big Data Policing

editor Article, Uncategorized , , , ,

Written by Charles E. Volkwein

ABSTRACT

Today’s availability of massive data sets, inexpensive data storage, and sophisticated analytical software has transformed the capabilities of law enforcement and created new forms of “Big Data Policing.” While Big Data Policing may improve the administration of public safety, these methods endanger constitutional protections against warrantless searches and seizures. This Article explores the Fourth Amendment consequences of Big Data Policing in three parts. First, it provides an overview of Fourth Amendment jurisprudence and its evolution in light of new policing technologies. Next, the Article reviews the concept of “Big Data” and examines three forms of Big Data Policing: Predictive Policing Technology (PPT); data collected by third-parties and purchased by law enforcement; and geofence warrants. Finally, the Article concludes with proposed solutions to rebalance the protections afforded by the Fourth Amendment against these new forms of policing.

Continue reading →

Disclosure of Teen’s Facebook Messages Should be a Red Flag for Us All

editor Blog , , , , , , , , , , , , , ,

Blog

By Will Simpson, Class of 2025

Amidst the fallout of the Supreme Court’s decision on June 24, 2022, to overturn the cornerstone abortion case of 1973, Roe v. Wade, a privacy issue has surfaced: the extent to which digital data can be used against us to prosecute novel forms of criminalized behaviors. To make matters worse, tech giants such as Facebook and Google—who collect and largely control this data—are legally obligated to assist governments with this invasive practice.

Why should we care? While the Fourth Amendment helps protect Americans against unreasonable searches and seizures by the government, private companies are not restricted from archiving our digital data. As a result, the details of our online lives are preserved for potential access by government warrants. Continue reading →