Tuesday, April 24, 2012

Is the Fourth Amendment "Obsolete"


It can be argued that social networking sites such as Facebook make use of malicious software that can violate privacy. Authoritarian regimes can make use of these features to target human rights activist. But is our own government using this same technology to track criminals? Since these individuals are confirmed criminals is it ethical to violate there fourth amendment rights? Crovitz describe such a case in which the FBI uses a GPS to track Antoine Jone's. “The justices did their best. The facts of U.S. v. Antoine Jones are that District of Columbia police, working with the FBI, suspected a nightclub owner of being a drug dealer. They installed cameras near Antoine Jones's nightclub, got his cellphone records, and attached a GPS tracking device to his Jeep Grand Cherokee. In 2005, acting on the information they had gathered, police executed a search warrant and found a huge stash of cocaine, firearms and cash. The defendant's lawyers objected to the GPS, saying that tracking car movements over several weeks violated his expectation of privacy,” (Crovitz). Crovitz argues that the fourth amendment should be “modernized” to apply to recent technologies. Technology should be amended so that it does not violate the fourth amendment. He gives an example, “consider a case brought in the late 19th century. Actress Marian Manola was playing a Broadway role requiring her to wear tights, a racy outfit for the era. To protect her modesty, she got an injunction when someone in the audience used the new technologies of a camera and a flash light. By contrast, today actresses would be insulted if they were not photographed”, (Crovitz). The actresses has the right not to be photographed. Such is the case with once popular musician Britney Spears who sued paparazzi for taking lewd photographs. This is not true for the Facebook user either they are unaware of the surveillance or they believe that they have a social obligation to participate. Due to Facebook's terms of service the user is unable to take legal action against Facebook or any of its subsidiaries. More information pertaining to this article can be found here. 

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