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Google+A fundamental point of contention in a democratic society is the need to balance the enforcement of laws with the rights of citizens. In the United States, the 4th Amendment to the Constitution protects the rights of citizens to be free from “unreasonable search and seizure.” Throughout our history, the exact meaning of this broad phrase has been debated, changed, affirmed and changed again, both because of changing societal norms and because of changes in technology. In the modern area, this is nowhere more visible than in the use of wiretaps and their development from early telegraphic use to their modern application of monitoring Internet communications of all sorts.
Balance and the 4th Amendment
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- Stepping stone to Internet privacy: the telegraph
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There have been four pivotal technologies that have forced modern American law and society to re-examine its notions of privacy and confidentiality.
- The long-forgotten "mere evidence" rule
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The "mere evidence" rule, forbidding searches for documents that were themselves not “instrumentalities” crimes (or contraband themselves) lasted well into the twentieth century before being abandoned. So why were telegrams never explicitly covered by the rule?
- The telegraph and business invasions of privacy
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In the late 19th century, many began to see the rise of monopolistic telegraph operators as more of a threat than the government. Against this potential eavesdropper, the Bill of Rights provided no protection.
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Stepping stone to Internet privacy: the telegraph
Stepping stone to Internet privacy: the telegraph
About Kristopher Nelson
I'm currently a graduate student of the history of law and technology at the University of California, San Diego. I also provide law and technology consulting services.
Additionally, I'm a non-practicing lawyer and former developer/sysadmin at a biotech non-profit. For more about me and my work, see krisnelson.org or my Google Profile. Post Metadata
Post title: Balance and the 4th Amendment
Authored by: Kristopher Nelson
Date posted: Mar 21, 2007
Categorized as: constitution • law • search and seizure
Tagged with: constitution • development • history • law • search and seizure • technology • wiretap
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