From facebook to mug shot
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From facebook to mug shot
Pace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social Networking From facebook to mug shot Privacy Rights Revolutionized Online Government SurveillanceJunichi p. SemitsuL'mi-ersity ọf San Diegứ School of Law, semitsuộĩSandiegừ.eduRecommended CitationJ unichi p. Semitsu, Prom I-dcel’ook to Aiug Shot: How the Dearth of Social Networking Privacy Rights Revolutionized Online Government Surve From facebook to mug shot illance, 31 Pace L. Rev. 291 (2011)Available at: http://digitalcommons.pace.edu/plr/vol31 /iss ỉ /7This Article lí brought to you for free and open acFrom facebook to mug shot
cess by the School of Law ât DỊgitalCocniDonsiịãPace. It has been accepted for Inclusion in Pace Law Review by an autborired administrator of PigitalCPace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social Networking From facebook to mug shot k to Mug Shot: How the Dearth of Social NetworkingPrivacy Rights Revolutionized Online Government SurveillanceJunichi p. Semiteu*AbstractEach month. Facebooks half billion active users disseminate over 30 billion pieces of content. In this complex digital ecosystem, they live a parallel life that, f From facebook to mug shot or many, involves more frequent. fulfilling, and compelling communication than any other offline or online forum. But even though Facebook users haveFrom facebook to mug shot
privacy options to control who sees what content, this Article concludes that every single one of Facebook's 133 million active users in the United StPace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social Networking From facebook to mug shot ations of federal privacy laws, a warrant is only necessary to compel disclosure of inbox and outbox messages less than 181 days old. Everything else can be obtained with subpoenas that do not even require reasonable suspicion. Accordingly, over the last six years, government agents have "worked the From facebook to mug shot beat" by mining theProfessor Semitsu teaches at the University of San Diego School of Law and welcomes your feedback at semitsu®sandiego.edu. Once thFrom facebook to mug shot
is Article is published, he is very unlikely to accept any friendship requests through Facebook, so please do not be offended if he refuses to give yoPace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social Networking From facebook to mug shot ng all-star USD Law School students for their invaluable assistance with this Article. Renee Keen. Breehan Carreon. Katherine Carlson. Michael Gilberg. Erik Johnson, and Andrew Gil. He is also grateful to the students in his Fall 2010 Media Law course, who provided some sources and feedback. Finally From facebook to mug shot , he would like to thank his wife and son for their patience.2911Etecftcn c copy ave ii: b!o at i‘ 'p./ ssrn conact: 17Ổ2287292PACE LAW REVIEW[Vol. 31From facebook to mug shot
:1treasure trove of personal and confidential information on Eh cebook.But while Facebook has been justifiably criticized for its weak and shifting prPace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social Networking From facebook to mug shot ectations of privacy under federal law. First, federal courts have failed to properly adapt Fourth Amendment law to the realities of Internet architecture. Since all Face book content has been knowingly exposed to at least one third parly, the Supreme Court’s current Fourth Amendment jurisprudence d From facebook to mug shot oes not clearly stop investigators from being allowed carte blanche to fish through the ent ire site for incriminat ing evidence. Second, Congress hasFrom facebook to mug shot
failed to meaningfully revise the Electronic Communications Privacy Act (ECPA) for over a quarter century. Even if the ECPA were amended to cover allPace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social Networking From facebook to mug shot e government lacks reasonable suspicion of criminal activity and the user opts for the strictest privacy controls, Facebook users still cannot expect federal law to stop their “private” content and communications from being used against them.This Article seeks to bring attention to this problem and From facebook to mug shot rectify it. It examines Facebook s architecture, reveals the ways in which government agencies have investigated crimes on social networking sites, anFrom facebook to mug shot
d analyzes how courts have interpreted the Fourth Amendment and the ECPA. The Article concludes with an urgent proposal to revise the ECPA and reinterPace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social Networking From facebook to mug shot munications technologies means the possibility of unwarranted government surveillance.Imp;, .’digitalcommons.pace.edu plr vol? 1 iss 1 /7Etecftcr.'c copy avaitebte fit i 'i-- i ssm cont/atei act-17822672011] FROM FACEBOOK TO MUG SHOT 293I. Introduction“I leant everybody here to be careful about what From facebook to mug shot you post on Facebook, because in the YouTube age, whatever you do, it will be pulled up again later somewhere in your life. ”- President Barack ObamaFrom facebook to mug shot
1Facebook is not just a website. It is a controlled ecosystem that inspires Its inhabitants to share personal information and reveal intimate thoughtsPace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social Networking From facebook to mug shot nd communities unimaginable in the twentieth century.Facebook also happens to be the most popular destination on the Internet2 today.3 Russian investor Yuri Milner, who owns ten percent of the company, commented that It is “the largest Web site there has ever been, so large that it is not a Web site From facebook to mug shot at all.”4 5 Fulfilling CEO Mark Zuckerberg’s goal to ' dominate"’ online communication, the site, as of September 2010, comprises over 500 million acFrom facebook to mug shot
tive users.6 half who log onPace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social Networking Pace Law ReviewVolume 31Issue 1 Social Networking and the Law Winter 2011Article 740611From Facebook to Mug Shot: How the Dearth of Social NetworkingGọi ngay
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