Hitachi has developed a new RFID chip, one that is much smaller than existing chips. This new chip is not that much bigger than the size of a grain of sand. RFID stands for “radio frequency identification.” RFID chips are tiny computer chips embedded into products and animals (and sometimes people) to identify and track them. […]
Category: Fourth Amendment
Posts about the Fourth Amendment by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
NYC Subway Searches
The U.S. Court of Appeals for the 2nd Circuit recently upheld New York City’s program of random searches at subways. The case is McWade v. Kelly, No. 05 6754 CV (2d Cir. 2006). The program was initiated after the London subway bombing. Back in December, 2005, a federal district court upheld the searches, which are conducted […]
Is Any Privacy Left in the Workplace?
Recently, in United States v. Ziegler, a panel of the U.S. Court of Appeals for the Ninth Circuit concluded that under the Fourth Amendment, a private sector employee has no reasonable expectation of privacy in his computer if the employer’s computer administrator has access to that computer.
Sex in Kansas
Yes, Dorothy, you really can tell your doctor about sex in Kansas. A while ago, I wrote about the Kansas Attorney General’s interpretation of a law prohibiting sex with minors under the age of 16 as requiring doctors to report any sexual activity by people under 16 to the state authorities (here and here). Recently, a federal […]
Georgia v. Randolph and Consent to Search One’s Home
Once upon a time, a wolf came to the home of a little pig: Wolf: “Hello, little pig, let me come in.” Pig: “No, no! Not by the hair of my chinny chin chin!” Wolf: “Well, then I’ll huff and I’ll puff and I’ll blow your house in.” Pig’s Wife: “That won’t be necessary, Wolf, […]
Can Doctors Be Required to Tell the Government About Teen Sex?
A rather remarkable case is beginning in Wichita, Kansas. From the Wichita Eagle:
Gonzales’s Tortured Logic on NSA Surveillance
Attorney General Gozales brought out some new arguments in defense of the warrantless NSA surveillance program. He should have kept these arguments in the bag, as they are flatly wrong. For example, according to the AP:
Beyond His Power: Bush’s Authorization of Warrantless NSA Surveillance
In this post, I aim to explore more in depth whether Bush had the legal power to authorize warrantless NSA surveillance. As I was putting the finishing touches on this post, I noticed that Orin Kerr beat me to the punch, and I find that we’ve identified the same issues and are in substantial agreement. His post […]
Subways, Searches, and Slippery Slopes
The gloves are off. Dave Hoffman has lodged another challenge to my position, and I want to take a quick moment to defend myself. I believe that Dave mischaracterizes my arguments in several places and exaggerates some of my claims. So I’ll attempt to clear up any confusion as to my positions and try to defend my […]
Rational Security vs. Symbolic Security
So much for concurring opinions . . . I’ve been attacked by not only one co-blogger, but two. Earlier on, I posted a critique of the court’s decision upholding the NYC subway searching policy against a Fourth Amendment challenge.