7 posts tagged with privacy and Constitution.
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"...nor shall be compelled in any criminal case to be a witness against himself..."

Public interests will be harmed absent requiring defendants to make available unencrypted contents in circumstances like these. Failing to compel Ms. Fricosu amounts to a concession to her and potential criminals (be it in child exploitation, national security, terrorism, financial crimes or drug trafficking cases) that encrypting all inculpatory digital evidence will serve to defeat the efforts of law enforcement officers to obtain such evidence through judicially authorized search warrants, and thus make their prosecution impossible.

The "if you were innocent, you'd have nothing to hide" argument rears its head, in a big way. [more inside]
posted by fifthrider on Jul 11, 2011 - 215 comments

The fundamental problem is that terrorism is innovative while TSA policy is reactive

A Nude Awakening - The TSA and Privacy. An insightful article about the TSA and fundamental freedoms from the Oklahoma Daily Student newspaper. via
posted by blue_beetle on Dec 6, 2010 - 48 comments

Secret Warrants Granted Without Probable Cause

Secret Warrants Granted Without Probable Cause
posted by rxrfrx on Nov 22, 2007 - 79 comments

Self-examination from the Fourth Estate — "Yep, still there."

"And yet the people who invented this country saw an aggressive, independent press as a protective measure against the abuse of power in a democracy, and an essential ingredient for self-government." Bill Keller, executive editor of the New York Times, publicly responds to criticisms on the publication of information about clandestine surveillance of private bank records of Americans, offering a rare glimpse into the Fourth Estate's complicated negotiations with the government over issues of public interest.
posted by Mr. Six on Jun 26, 2006 - 58 comments

Black-Bag Jobs

"Don't worry Mr. President, we have Kansas surrounded." Warrantless searches: they're not just for wiretaps anymore. U.S. News and World Report probes the Bush administration's covert drive to conduct physical searches of American homes without court approval.
posted by digaman on Mar 19, 2006 - 52 comments

the 28th Amendment?

A explicit Right to Privacy Amendment? Dan Savage asks: why can't we have one?--...Here we are, decades after Griswold, and social conservatives and liberals are constantly arguing about whether or not the right to privacy, which is a popular right (naturally enough), and one to which most Americans believe they're entitled, is actually a right to which Americans are entitled, constitutionally-speaking. ... It affects all aspects of our lives-- from sexuality to procreation to speech to property to employment to housing, so isn't it time?
Europe has one, in the European Convention on Human Rights : Article 8-the right to respect for private and family life, home and correspondence. ...Article 8 offers general protection for a person’s private and family life, home and correspondence from arbitrary interference by the State. This right affects a large number of areas of life ranging from surveillance to sexual identity - it is framed extremely broadly. However, the right to respect for these aspects of privacy under Article 8 is qualified. ...
posted by amberglow on Nov 3, 2005 - 50 comments

a failure for the Fourth Amendment

LossofPrivacyFilter: 1) Patriot Act Expansion Bill Approved in Secret, which now provides a new ‘administrative subpoena’ authority (that) would let the FBI write and approve its own search orders for intelligence investigations, without prior judicial approval. ...Flying in the face of the Fourth Amendment, this power would let agents seize personal records from medical facilities, libraries, hotels, gun dealers, banks and any other businesses without any specific facts connecting those records to any criminal activity or a foreign agent. ..., and from the Justice Department: 2) Most health care employees can't be prosecuted for stealing personal data, and finally, 3) Citibank admits losing 4 million customer files.
These 3 examples all within the past few days--any others i missed?
posted by amberglow on Jun 8, 2005 - 31 comments

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