November 14, 2008
Clancy's The Fourth Amendment
Due to the thousands of daily governmental intrusions — such as airport checks, traffic stops, drug testing, obtaining of digital evidence, traditional criminal law enforcement practices and regulatory inspections — the Fourth Amendment is the most commonly implicated and litigated part of our Constitution. In The Fourth Amendment: Its History and Interpretation (Carolina, October 1, 2008), Mississippi law prof Thomas Clancy addresses foundational Fourth Amendment questions, such as: What is a search? What is a seizure? What does the Amendment protect? Who does it protect? When is it satisfied? When does the exclusionary rule apply? The treatise is organized by topic so a reader can have ready access to current doctrine and is able to examine in additional sections how current doctrine developed. The historical events and the Court’s development of search and seizure principles provide context to, and perspective on, current doctrine. [JH]
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The rapid advancement's in technology and law present many new arguments and gray areas within the American Judicial system. Recently one case is unfolding in Dallas Texas, after the FBI raided four datacenters, taking down approximately 400+ companies. The raids came after an investigation by Special Agent Allyn Lynd of the Dallas FBI, into an alleged conspiracy of two companies Core IP Networks and Crydon Technologies, LLC who allegedly defrauded AT&T/Verizon out of $6.0 million in phone service.
The president Matthew Simpson wrote in a post to his customers “"'Currently nearly 50 businesses are completely without access to their email and data. Citizen access to Emergency 911 services are being affected, as Core IP's primary client base consists of telephone companies.' If you run a datacenter, please be aware that in our great country, the FBI can come into your place of business at any time and take whatever they want, with no reason."”
One of the third party companies that purchased bandwidth and were not associated with the parties allegedly associated with the fraud, filed a civil lawsuit against the Agent and USA. The companies involved assert that the government violated the company's fourth amendment rights to unreasonable searches and seizures. Since they did not provide access to the machines to the companies who where the focus of the raid.
Full details are available at http://www.securityfocus.tv/dallascolo/
Posted by: SecurityFocus Legal Review | Apr 12, 2009 6:37:17 PM