scholarly journals The Many Revolutions of Carpenter

2018 ◽  
Author(s):  
Paul Ohm
Keyword(s):  
United States ◽  
Fourth Amendment ◽  
Third Party ◽  
Reasonable Expectation ◽  
Large Databases ◽  
A Cell ◽  
The Many ◽  
Constitutional Privacy ◽  
Inside Out ◽  
Police Activity

Carpenter v. United States, the 2018 Supreme Court opinion that requires the police to obtain a warrant to access an individual’s historical whereabouts from the records of a cell phone provider, is the most important Fourth Amendment opinion in decades. Although many have acknowledged some of the ways the opinion has changed the doctrine of Constitutional privacy, the importance of Carpenter has not yet been fully appreciated. Carpenter works many revolutions in the law, not only through its holding and new rule, but in more fundamental respects. The opinion reinvents the reasonable expectation of privacy test as it applies to large databases of information about individuals. It turns the third-party doctrine inside out, requiring judges to scrutinize the products of purely private decisions. In dicta, it announces a new rule of technological equivalence, which might end up covering more police activity than the core rule. Finally, it embraces technological exceptionalism as a centerpiece for the interpretation of the Fourth Amendment, rejecting backwards-looking interdisciplinary methods such as legal history or surveys of popular attitudes. Considering all of these revolutions, Carpenter is the most important Fourth Amendment decision since Katz v. United States, a case it might end up rivaling in influence.

Fourth Amendment Protections of Health Information After Carpenter v. United States: The Devil's In The Database

2019 ◽  
Vol 45 (4) ◽  
pp. 331-355
Author(s):  
Ryan Knox
Keyword(s):  
United States ◽  
Health Information ◽  
Personal Information ◽  
Fourth Amendment ◽  
Third Party ◽  
Location Information ◽  
Technological Advancement ◽  
Site Location ◽  
The Supreme Court ◽  
The Impact

Every day, companies collect health information from customers and analyze it for commercial purposes. This poses a significant threat to privacy, particularly as the Fourth Amendment protection of this deeply personal information is limited. Generally, law enforcement officers do not need probable cause and a warrant to access these private health information databases; only a subpoena is required, and sometimes nothing at all. The Fourth Amendment protections for health information may, however, have changed after the Supreme Court's 2018 decision in Carpenter v. United States, which held that the Fourth Amendment protects people from warrantless searches of historical cell-site location information possessed by their cell phone providers. The Court explained that, because of the nature of historical cell-site location information, individuals retain a reasonable expectation of privacy despite the information being in the possession of a third party. In reaching its holding, the Supreme Court considered the type of data, the uniqueness of cell-site location information, the impact of technological advancement on privacy, the voluntariness of the disclosure, and the property rights associated with the records. Many of these factors could support heightened Fourth Amendment protection for health information. This Article argues that Carpenter v. United States provides additional protections for future searches of health information in private databases.

scholarly journals How Definitive is Fourth Amendment Textualism?

2020 ◽  
pp. 22
Author(s):  
Evan Caminker
Keyword(s):  
United States ◽  
Fourth Amendment ◽  
Current Approach ◽  
Reasonable Expectation ◽  
Textual Approach ◽  
Privacy Standard ◽  
Excellent Article ◽  
Reasonable Expectation Of Privacy

Professor Jeffrey Bellin’s excellent article advances a comprehensive and straightforward textual approach to determining what policing activities constitute “searches” triggering the protections of the Fourth Amendment. Bellin’s thesis is that a text-based approach to interpreting the Amendment is superior to the Supreme Court’s current approach, which ever since Katz v. United States has defined “search” primarily by reference to a non-textual “reasonable expectation of privacy” standard. After soundly criticizing the ungrounded and highly subjective nature of the Katz test, Bellin declares that the Court should instead simply follow where the text leads: the Amendment protects people from a search, meaning an “examination of an object or space to uncover information” of their own “persons, houses, papers, and effects.” No more, no less. Such a textual approach generates new doctrinal rules that would replicate Katz’s outcomes in many respects and provide either more or less protection in others.

scholarly journals Fourth Amendment Textualism

2019 ◽  
pp. 233-283
Author(s):  
Jeffrey Bellin
Keyword(s):  
Fourth Amendment ◽  
Status Quo ◽  
Third Party ◽  
New Approach ◽  
Reasonable Expectation ◽  
Part Formula ◽  
The Past ◽  
Police Investigation ◽  
The Status ◽  
Definition Of

The Fourth Amendment’s prohibition of “unreasonable searches” is one of the most storied constitutional commands. Yet after decades of Supreme Court jurisprudence, a coherent definition of the term “search” remains surprisingly elusive. Even the justices know they have a problem. Recent opinions only halfheartedly apply the controlling “reasonable expectation of privacy” test and its wildly unpopular cousin, “third-party doctrine,” with a few justices in open revolt. These fissures hint at the Court’s openness to a new approach. Unfortunately, no viable alternatives appear on the horizon. The justices themselves offer little in the way of a replacement. And scholars’ proposals exhibit the same complexity, subjectivity, and illegitimacy that pervade the status quo. This Article proposes a shift toward simplicity. Buried underneath the doctrinal complexity of the past fifty years is a straightforward constitutional directive. A three-part formula, derived from the constitutional text, deftly solves the Fourth Amendment “search” conundrums that continue to beguile the Court. This textualist approach offers clarity and legitimacy, both long missing from “search” jurisprudence. And by generating predictable and sensible answers, the proposed framework establishes clear boundaries for police investigation while incentivizing legislators to add additional privacy protections where needed.

The many faces of obligation

2020 ◽  
Vol 43 ◽  
Author(s):  
Michael Tomasello
Keyword(s):  
Third Party ◽  
The Many ◽  
Sense Of Obligation

Abstract My response to the commentaries focuses on four issues: (1) the diversity both within and between cultures of the many different faces of obligation; (2) the possible evolutionary roots of the sense of obligation, including possible sources that I did not consider; (3) the possible ontogenetic roots of the sense of obligation, including especially children's understanding of groups from a third-party perspective (rather than through participation, as in my account); and (4) the relation between philosophical accounts of normative phenomena in general – which are pitched as not totally empirical – and empirical accounts such as my own. I have tried to distinguish comments that argue for extensions of the theory from those that represent genuine disagreement.

Applying the Devil's Works in a Holy Cause: Working-Class Popular Culture and the Salvation Army in the United States, 1879-1900

1997 ◽  
Vol 7 (2) ◽  
pp. 195-223
Author(s):  
Lillian Taiz
Keyword(s):  
United States ◽  
New York ◽  
New York City ◽  
Popular Culture ◽  
York City ◽  
The United States ◽  
Salvation Army ◽  
Public Meeting ◽  
The Many ◽  
Sunday Evening

Forty-eight hours after they landed in New York City in 1880, a small contingent of the Salvation Army held their first public meeting at the infamous Harry Hill's Variety Theater. The enterprising Hill, alerted to the group's arrival from Britain by newspaper reports, contacted their leader, Commissioner George Scott Railton, and offered to pay the group to “do a turn” for “an hour or two on … Sunday evening.” In nineteenth-century New York City, Harry Hill's was one of the best known concert saloons, and reformers considered him “among the disreputable classes” of that city. His saloon, they said, was “nothing more than one of the many gates to hell.”

Systematic Government Access to Private-Sector Data in the United States II

2017 ◽  
Author(s):  
Fred H. Cate ◽  
Beth E. Cate
Keyword(s):  
United States ◽  
Private Sector ◽  
Freedom Of Expression ◽  
The United States ◽  
Freedom Of Information ◽  
Privacy Rights ◽  
Reasonable Expectation ◽  
The Supreme Court ◽  
The Us ◽  
Sector Data

This chapter covers the US Supreme Court’s position on access to private-sector data in the United States. Indeed, the Supreme Court has written a great deal about “privacy” in a wide variety of contexts. These include what constitutes a “reasonable expectation of privacy” under the Fourth Amendment to the Constitution; privacy rights implicit in, and also in tension with, the First Amendment and freedom of expression; privacy rights the Court has found implied in the Constitution that protect the rights of adults to make decisions about activities such as reproduction, contraception, and the education of their children; and the application of the two privacy exemptions to the Freedom of Information Act (FOIA).

scholarly journals Challenges in Bridge Health Monitoring: A Review

Sensors ◽  
2021 ◽  
Vol 21 (13) ◽  
pp. 4336
Author(s):  
Piervincenzo Rizzo ◽  
Alireza Enshaeian
Keyword(s):  
United States ◽  
Health Monitoring ◽  
Highway Bridges ◽  
The United States ◽  
Anomalous Behavior ◽  
Existing Structures ◽  
Bridge Health Monitoring ◽  
Using Data ◽  
The Many ◽  
Major Factors

Bridge health monitoring is increasingly relevant for the maintenance of existing structures or new structures with innovative concepts that require validation of design predictions. In the United States there are more than 600,000 highway bridges. Nearly half of them (46.4%) are rated as fair while about 1 out of 13 (7.6%) is rated in poor condition. As such, the United States is one of those countries in which bridge health monitoring systems are installed in order to complement conventional periodic nondestructive inspections. This paper reviews the challenges associated with bridge health monitoring related to the detection of specific bridge characteristics that may be indicators of anomalous behavior. The methods used to detect loss of stiffness, time-dependent and temperature-dependent deformations, fatigue, corrosion, and scour are discussed. Owing to the extent of the existing scientific literature, this review focuses on systems installed in U.S. bridges over the last 20 years. These are all major factors that contribute to long-term degradation of bridges. Issues related to wireless sensor drifts are discussed as well. The scope of the paper is to help newcomers, practitioners, and researchers at navigating the many methodologies that have been proposed and developed in order to identify damage using data collected from sensors installed in real structures.

scholarly journals Nanonet force microscopy for measuring forces in single smooth muscle cells of the human aorta

2017 ◽  
Vol 28 (14) ◽  
pp. 1894-1900 ◽  
Author(s):  
Alexander Hall ◽  
Patrick Chan ◽  
Kevin Sheets ◽  
Matthew Apperson ◽  
Christopher Delaughter ◽  
...  
Keyword(s):  
Smooth Muscle ◽  
External Perturbation ◽  
Human Aorta ◽  
Cycle Times ◽  
Force Microscopy ◽  
Cell Matrix ◽  
Innovative Methods ◽  
A Cell ◽  
Inside Out

A number of innovative methods exist to measure cell–matrix adhesive forces, but they have yet to accurately describe and quantify the intricate interplay of a cell and its fibrous extracellular matrix (ECM). In cardiovascular pathologies, such as aortic aneurysm, new knowledge on the involvement of cell–matrix forces could lead to elucidation of disease mechanisms. To better understand this dynamics, we measured primary human aortic single smooth muscle cell (SMC) forces using nanonet force microscopy in both inside-out (I-O intrinsic contractility) and outside-in (O-I external perturbation) modes. For SMC populations, we measured the I-O and O-I forces to be 12.9 ± 1.0 and 57.9 ± 2.5 nN, respectively. Exposure of cells to oxidative stress conditions caused a force decrease of 57 and 48% in I-O and O-I modes, respectively, and an increase in migration rate by 2.5-fold. Finally, in O-I mode, we cyclically perturbed cells at constant strain of varying duration to simulate in vivo conditions of the cardiac cycle and found that I-O forces decrease with increasing duration and O-I forces decreased by half at shorter cycle times. Thus our findings highlight the need to study forces exerted and felt by cells simultaneously to comprehensively understand force modulation in cardiovascular disease.

John Leighton Stuart and U.S.-Chinese Communist Rapprochement in 1949: Was There Another “Lost Chance in China”?

1982 ◽  
Vol 89 ◽  
pp. 74-96 ◽  
Author(s):  
Yu-ming Shaw
Keyword(s):  
United States ◽  
Cold War ◽  
The United States ◽  
Mao Zedong ◽  
Working Relationship ◽  
Republic Of China ◽  
The Many ◽  
The One ◽  
June July ◽  
The Cold War

Reverend John Leighton Stuart (1876–1962) served as U.S. ambassador to China from July 1946 until August 1949. In the many discussions of his ambassadorship the one diplomatic mission that has aroused the most speculation and debate was his abortive trip to Beijing, contemplated in June–July 1949, to meet with Mao Zedong and Zhou Enlai. Some students of Sino-American relations have claimed that had this trip been made the misunderstanding and subsequent hostility between the United States and the People's Republic of China in the post-1949 period could have been avoided; therefore, the unmaking of this trip constituted another “lost chance in China” in establishing a working relationship between the two countries. But others have thought that given the realities of the Cold War in 1949 and the internal political constraints existing in each country, no substantial result could have been gained from such a trip. Therefore, the thesis of a “lost chance in China” was more an unfounded speculation than a credible affirmation.

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