Law in the Internet Society

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JuanPaoloFajardoSecondEssay 7 - 15 Jan 2016 - Main.LizzieOShea
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

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 With Big Data practices driving the back-end of the U.S. government’s bulk metadata collection, surveillance activities can now unearth information that falls outside the category of communications content, but nevertheless intrudes into reasonable zones of privacy that may require further protection of the courts. The problem is that current jurisprudence is merely concerned with whether the acquisition of metadata is permissible under the Fourth Amendment. It never considered the nature of the information metadata generates when aggregated. While it is simply a matter of time and judicial willingness before the privacy implications of bulk metadata collection is directly addressed by the courts (See Justice Sotomayor's concurring opinion in U.S. v. Jones), this gaping jurisprudential hole begs the question: How do we protect our privacy in the meantime?
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Lizzie: Juan, I enjoyed reading this, though I would be keen to know what you would propose should be the direction the law develops. You might also be interested to know that the collection of metadata is not just a matter of unintentionally handing over information that might give rise to a breach of privacy, the USG uses it to kill people. They say they don't even need content - indeed I wonder whether content actually serves to interfere with intelligence algorithms. In other words, the collection of metadata is not a lesser version of what they would like to collect, it is what they actually need. Which makes SCOTUS look even more outdated, I think.

 
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Revision 7r7 - 15 Jan 2016 - 15:56:05 - LizzieOShea
Revision 6r6 - 15 Jan 2016 - 11:05:59 - JuanPaoloFajardo
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