Read The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?

The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?

Orin S. Kerr

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Description:Does encrypting Internet communications create a reasonable expectation of privacy in their contents, triggering Fourth Amendment protection? At first blush, it seems that the answer must be yes: A reasonable person would surely expect that encrypted communications will remain private. In this paper, Professor Kerr explains why this intuitive answer is entirely wrong: Encrypting communications cannot create a reasonable expectation of privacy. The reason is that the Fourth Amendment regulates access, not understanding: no matter how unlikely it is that the government will successfully decrypt ciphertext, the Fourth Amendment offers no protection if it succeeds. As a result, the government does not need a search warrant to decrypt encrypted communications. This surprising result is consistent with Fourth Amendment caselaw: it matches how courts have resolved cases involving the reassembly of shredded documents, recovery of deleted files, and the translation of foreign languages. The Fourth Amendment may regulate government access to ciphertext, but it does not regulate government efforts to translate ciphertext into plaintext.Article online at:http://papers.ssrn.com/sol3/papers.cf...We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?. To get started finding The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?, you are right to find our website which has a comprehensive collection of manuals listed.
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Pages: 33

Format: PDF, EPUB & Kindle Edition

Publisher: Connecticut Law Review

Release: 2001

ISBN

Description: Does encrypting Internet communications create a reasonable expectation of privacy in their contents, triggering Fourth Amendment protection? At first blush, it seems that the answer must be yes: A reasonable person would surely expect that encrypted communications will remain private. In this paper, Professor Kerr explains why this intuitive answer is entirely wrong: Encrypting communications cannot create a reasonable expectation of privacy. The reason is that the Fourth Amendment regulates access, not understanding: no matter how unlikely it is that the government will successfully decrypt ciphertext, the Fourth Amendment offers no protection if it succeeds. As a result, the government does not need a search warrant to decrypt encrypted communications. This surprising result is consistent with Fourth Amendment caselaw: it matches how courts have resolved cases involving the reassembly of shredded documents, recovery of deleted files, and the translation of foreign languages. The Fourth Amendment may regulate government access to ciphertext, but it does not regulate government efforts to translate ciphertext into plaintext.Article online at:http://papers.ssrn.com/sol3/papers.cf...We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?. To get started finding The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?

The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?

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