Electronic Privacy: When Is It Acceptable to Violate?
In the twenty-first century, Americans pride themselves in their right to privacy. In fact, they take it for granted. Today, privacy is an expectation. But with the rapidly advancing technology of the modern world, it is also being pushed to its limits. While the Constitution guarantees citizens the right to tangible, materialistic privacy, when it comes to electronic privacy the standards are unclear. This lack of clarification has led to numerous disagreements and legal issues that all lead back to whether or not this type of violation is acceptable. While violating individuals’ electronic privacy could have positive security outcomes, doing so may result in numerous legal repercussions concerning the Fourth Amendment. Written by the Founding …show more content…
United States. In this case from the Prohibition Era, wiretapping was addressed. A phone booth was warrantlessly wiretapped by officials who suspected that bootleggers were using the phone to arrange the marketing and importation of illegal alcohol. Petitioners, including a man named Roy Olmstead, argued that by doing this, the bootleggers’ Fourth Amendment right was being violated. However, the Supreme Court concluded that since there was no violation of the bootleggers’ physical, materialistic possessions, wiretapping did not violate the Fourth Amendment (194-195). Another case that involved the Fourth Amendment was United States v. Finley (1372-1373). In it, a man named Jacob Finely owned a company-issued cell phone that was warrantlessly searched by government agents. On it, evidence of drug trafficking was found. While Finley argued that it was against his rights for his mobile phone to be searched without a warrant, the court objected. Finley was proven guilty and fined for the possession and intention of selling illegal drugs, closing the case
In the twenty-first century, Americans pride themselves in their right to privacy. In fact, they take it for granted. Today, privacy is an expectation. But with the rapidly advancing technology of the modern world, it is also being pushed to its limits. While the Constitution guarantees citizens the right to tangible, materialistic privacy, when it comes to electronic privacy the standards are unclear. This lack of clarification has led to numerous disagreements and legal issues that all lead back to whether or not this type of violation is acceptable. While violating individuals’ electronic privacy could have positive security outcomes, doing so may result in numerous legal repercussions concerning the Fourth Amendment. Written by the Founding …show more content…
United States. In this case from the Prohibition Era, wiretapping was addressed. A phone booth was warrantlessly wiretapped by officials who suspected that bootleggers were using the phone to arrange the marketing and importation of illegal alcohol. Petitioners, including a man named Roy Olmstead, argued that by doing this, the bootleggers’ Fourth Amendment right was being violated. However, the Supreme Court concluded that since there was no violation of the bootleggers’ physical, materialistic possessions, wiretapping did not violate the Fourth Amendment (194-195). Another case that involved the Fourth Amendment was United States v. Finley (1372-1373). In it, a man named Jacob Finely owned a company-issued cell phone that was warrantlessly searched by government agents. On it, evidence of drug trafficking was found. While Finley argued that it was against his rights for his mobile phone to be searched without a warrant, the court objected. Finley was proven guilty and fined for the possession and intention of selling illegal drugs, closing the case