Fourth Amendment

The Fourth Amendment famously protects against “unreasonable searches and seizures.” As capabilities for government surveillance rapidly develope alongside technology, the amendment has consistently been at the center of discussions over privacy and the scope of state power. In particular, NSA bulk surveillance has recently triggered a debate on the constitutionality of warrantless bulk collection under the Fourth Amendment, and on what should be considered a “reasonable” search in an increasingly digital age.

Latest in Fourth Amendment

Donald Trump

Trump’s Fourth Amendment Claims and the Strategy Behind the Challenge to the Mar-a-Lago Search

Trump’s challenge to the Mar-a-Lago search is based largely on Fourth Amendment claims. Those claims are unusual, interesting, ultimately meritless, and likely driven by strategic interests having little to do with constitutional law.

Digital Social Contract

Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma

The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illegal material.

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