Law 1 The Fourth Amendment and The Internet Right to Privacy Discussion

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There will be a term paper that is due on October 8. The paper is to be at least 8 pages long (excluding the title page, abstract, graphics and the bibliography). Font size is 12 point (Times New Roman or Ariel only), with standard one-inch margins, double spaced. (Any deviation from this will result in a significant grade penalty) The paper's topic must deal with a particular area of constitutional law. Sample topics will be discussed during the class sessions prior to the initial deadline. The paper should adequately represent that you have an understanding of the topic and have given it a thorough analysis. General statements without research to support a position will not be considered favorably. Your work product should show that you did more than write a position paper, but rather show that you researched the topic. I require a minimum of 7 sources but expect many of you may use significantly more. These sources must be from a real book or journal. Internet versions of journals and books are fine. Sources from the Internet like Wikipedia and similar sites do not count as a source, nor does the course textbook! If you fail to have the minimum number of sources, or pages you will be SERIOUSLY downgraded. Correct spelling, grammar, and punctuation are expected as these play a significant part in your grade. You MUST reference all of your sources.

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Arman Malkhasian September 9, 2020 Con Law 1 TH Term Paper Proposal The constitution was ratified on June 21, 1788, and three years later December 15, 1791, the fourth amendment was ratified. The fourth amendment gave the people of the United States the security from unreasonable searches and seizures of property by the government. Although the constitution itself does not mention the term “right to privacy” it does not mean that the people of the united states do not have the right to privacy. The people of the United States have the right to privacy given by the bill of rights. Two hundred years after the fourth amendment, the internet in 1991 was available to the public. At first, the internet did not interfere with our right to privacy but as technology advanced, the internet became a necessity. There was no way for the founding fathers to have predicted that our lives will depend so much on the internet. They couldn't have made a law to protect our privacy on the internet. Today people have all their information on the web and that includes their: bank info, medical records, school records, and taxes. This means many people are at risk of losing their privacy without any knowledge. All of our data is on the web and there are many possibilities for our data to be stolen. Moreover, companies can now collect data and sell the data that belongs to us to other companies to generate ads. These all can be a breach of our privacy and unconstitutional. Additionally, the Electronic Communications Privacy Act and The USA PATRIOT Act can invade people's right to privacy because of the internet. Congress should regulate the internet because it can impact people's lives very greatly. Moreover, the people of the United States should be able to be certain that their 4th amendment is protected on the internet.
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Explanation & Answer

Attached.

Running Head: THE FOURTH AMENDMENT AND THE INTERNET

1

Are the Americans Losing Their Right to Privacy Because of the Internet?
Outline
I.

The declining right to privacy
a. Before 1996, Americans had a robust "offline right to privacy" based on the U.S
constitution's fourth amendment as well as other effective privacy statutes.
b. congress passed the Telecom Act that “immunized and exempted” internet platforms
from the typical consumer protection responsibilities and governmental accountability
(Boussios, 2018).
c. Practically, America's Internet law has changed into an open era on the personal
information of the American consumer.
d. Although the internet has brought a considerable transformation in various critical
areas, especially communication and social empowerment, it is slowly eroding the
right to privacy.

II.

Fourth Amendment and the judiciary quest for the right to privacy
a. Because the U.S constitution has not the text that explicitly protects privacy, the
judiciary has been looking for avenues to connect the existing protections in the
constitution like the fourth amendment, which protects against unreasonable searches
and seizures, with the contemporary privacy concerns (Richardson, 2017

III.

Online programs and the collection of personal data
a. Various online programs are increasingly asking a different kind of information
without which the individual cannot get the required services.

THE FOURTH AMENDMENT AND THE INTERNET
2
b. The current experiences of the gradual loss of personal privacy imply that individuals
are less secure and have control over their lives (Boussios, 2018).
c. More than 50% of internet users worry about the large amount of their personal
information that is available online.
d. While some users claim to know the amount of personal information that they have
shared online, the majority feared that the amount of their personal information
available online exceeds what they have voluntarily shared with others.
IV.

Increase in data breaches
a. Edward Snowden and NSA online and phone communication surveillance
i. Although national security is important and critical, personal privacy is
equally critical because, without personal privacy, individuals are not secure
and have no control over their lives.
ii. Since the 2013 leaks on National Security Agency surveillance of the
American’s phone and online communications by Edward Snowden, a former
government contractor, most of the Americans lost trust in the National
Security Agency.
iii. Most significantly, individuals who use online tools exhibit an extensive lack
of faith and trust with all kinds of organizations, including both private and

THE FOURTH AMENDMENT AND THE INTERNET
3
public institutions concerning the protection of information these institutions
gather from individuals.
b. The Equifax Breach
i. The Equifax breach compromised identity information for about 150 million
people of the United States.
ii. Although the impact of the Equifax breach was less than that of the extensive
roster of data breaches that occurred before it, it significantly affected the
financial system and customers who had not directly conducted any business
with Equifax.
iii. This breach demonstrated how the internet has contributed to the loss of
personal privacy across the United States and beyond.
c. The Cambridge Analytica
i. The Cambridge Analytica breach intensified the public attention on their
privacy, especially after the “complete live network TV cut-ins to mark
Zuckerberg’s congressional testimony” (Losavio, Chow, Koltay & James,
2018).
ii. As such, these revelations of significant disclosure of data that most likely
have private information must cause worries about the American's security
and their privacy.

THE FOURTH AMENDMENT AND THE INTERNET
4
V.

The need for changes in the law to accommodate extra legal protections
a. The research by Boussios (2018) on the Americans view of the existing laws on the
protection of personal privacy established that more than 80% of the Americans
believed that changing the law could bring the desired difference in protecting
individual’s privacy, especially changing the policies on retention of personal data.
b. a majority of the Americans would want additional protection laws against the abuse
of personal data (Johnson, 2018).
c. Three out of...


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