The Fourth Amendment of the United States Constitution states that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause. Recent Internet developments raise the question of whether this right extends to social networking. Even Justice Alito recognized the issue in his United States v. Jones concurrence, noting that social tools will shape the average person’s expectations about the privacy of his or her daily movements. With millions of social networking website users, there is a need to protect the information placed on those websites. What happens to users who do not properly manage their use of these websites? Is there any protection against the police using that information, in the form of photos, check-ins, or tags, to justify a search or even an arrest? Do users face police action based on their online postings?
The Supreme Court has yet to weigh in on the Fourth Amendment’s relationship with social networking, but as technology continues to advance and as Justice Alito noted in United States v. Jones, the Court will need to examine these issues. The research paper will focus on the privacy implications of social networking activity in the context of location tracking. Facebook, Google and many other internet sites are all capable of tracking users’ locations while they are logged into the website, and the Fourth Amendment may not apply to this type of location tracking. This research paper will also discuss the Fourth Amendment case law detailing the reasonable expectation of privacy standard and concludes that any media placed on social networking websites, including location check-ins, may be without Fourth Amendment protection, because, in the words of the Katz opinion, the social networking users knowingly exposed that information to the public. The paper will identify and explain the main effects of the issue on the criminal justice system, explain how decisions handed down by the U.S. Supreme Court have helped criminal justice professionals know what is and what is not permissible regarding the issue, and, explain any gaps in knowledge about the issue that has yet to be clarified by the U.S. Supreme Court, and the resulting issues presented. The paper will also address some important issues about online users’ protection from Law enforcement actions. The research paper will detail the users’ need to remain aware of publicly viewable information on social networking websites, from photographs and status updates to location check-ins.
Cornell Journal of Law and Public Policy (Vol. 22:515)
Katz v. United States, 389 U.S. 347, 360 (1967) (Harlan, J., concurring).
M. Bedi (2013). Boston College Law Review, Vol. 54.1
U.S. CONST. amend. IV.
The Renaissance Humanism, though a development headed by guys who concurred with the sexist experiences in antiquated writings opened the way to the audit of the misanthrope convention making it workable for the female humanists like Isotta Nogarola, Cassandra Fedele, Laura Cereta, and Olimpia Morata et al to expound on the "lady question," and therefore changing the thought of Humanism from it prior sexist way to deal with re-assessment of ladies' tendency by putting family issues at the core of scholastic concern and recovering the pertinent established writings (Cereta, 1997). The triumph of ladies in Western Europe and the United States starts from a development around six hundred years back in the time of Renaissance. This was the time when the "other voice," which means the ladylike voice, was first heard against the foundation of a three-thousand-year history of misogyny established in western culture, regardless of whether Hebrew, Greek, Roman or Christian. The scorn against ladies in these conventions suffused the educated person, therapeutic, lawful, religious and social frameworks that developed amid the European Middle Ages. Simultaneous with a general reorganization of European culture in this early present day or Renaissance days (generally amid 1300 to 1700) issues identified with female equity and opening rose out that still reverberate are as yet unanswered. This paper manages the misanthropic convention vanquished by early current Europeans and the new foundation that stifled the "other voice" called to challenge the decision speculations and guesses about ladies as lesser to the male at the top of the priority list and body. The since quite a while ago settled Misogyny in European culture separated to take to pieces when the cutting edge time frame started - hard errand, no uncertainty. The advance began as a major aspect of a colossal social development including a genuine survey of thoughts got from the out of date and medieval past—an endeavor started by the humanists. The Renaissance, as the name recommends, was something new, as per a few. The contenders hold that it on a very basic level sought after medieval models overhauling them — a thought that gets more mistook for the additional reality that the Renaissance in Italy was at change from the Renaissance in different spots. The Renaissance began in Italy around 1300. The most importantly name related with this development was Dante Alighieri, the profoundly religious creator of otherworldly stories, a committed catholic who utilized scholarly rationality and was regularly unfriendly to the political set-up of the Italian church. One can without much of a stretch sense from his Divine Comedy that he essentially had a place with the Middle Ages aside from that, as unmistakable most grand savvy people, he composed for the most part in Italian instead of Latin. After him comes the named of Giovanni Boccaccio in the fourteenth century, who composed the amazingly staggering Decameron, written in Italian as well. Goeffrey Chaucer in England likewise composed the vulgar The Canterbury Tales, in all probability, which like the Decameron, was a genuine record of how medieval individuals acted. In any case, the great successor of Dante was Francesco Petrarch who composed both in Italian and Latin about common subjects, despite the fact that he was profoundly religious regularly irritating that his mainstream works were a redirection from man's just right objective, that is, deliverance (Stearns, 1977). Dante, Boccaccio, and Petrarch put especially in to the uncovering and protecting of established works. Humanist esteems were capably expressive by another Italian researcher, Pico della Mirandola, in his Oration on the nobility of man. Villa's notable discourse: "What a bit of work is a man? How honorable in reason, how unending in personnel, in shape and moving how express and commendable, in real life how like a holy messenger, in fear how like a divine being—the excellence of the world, the paragon of animals!"is specifically impacted Pico della Mirandola's Oration on the Dignity of Man. The humanist development was supplemented by the passage of Byzantine researchers to Italy after the fall of Constantinople to the Turks in 1453 and furthermore by the establishing of the Platonic Academy in Florence. The foundation set up by the fifteenth century Florentine statesman and patron of expressions of the human experience Cosimo de' Medici, renewed Platonism and changing the writing, painting, and design of the period. The assemblage and interpretation of established writings among the higher church and nobles, the creation of printing with variable sorts around the mid-fifteenth century gave fuelled humanism to advance more through the dissemination of releases of the works of art - in Italy however writing and workmanship, in focal Europe through religious philosophy and training—an essential premise of the Reformation. A standout amongst the most huge researchers in humanism in France was the Dutch priest Desiderius Erasmus, who additionally assumed essential part to spread the development into England, right off the bat at the University. By the center of the sixteenth century humanism had won wide acknowledgment as an instructive framework. Oxford by established researchers like William Grocyn (1446-1519) and Thomas Linacre, and at the University of Cambridge by Erasmus and the English prelate John Fisher (1459-1535) to at last all through English society in this manner making the route for the flourishing of Elizabethan writing and culture (Witt, 1978). The Humanists adoration for the scholastic logic of medieval colleges affected a scholarly erupt comprising of works by the two men and ladies, in Latin and in most widely used language - works specifying the fulfillments of noticeable ladies, works demolishing the principle charges made against ladies, works battling for the equivalent training of men and ladies, works marking and renaming ladies' fitting part in the family, at court, and in broad daylight and works delineating ladies' lives and encounters. The proto-woman's rights of these "different voices" speaks to a vital part of the artistic impacts of the Renaissance. Around 1365, Boccaccio whose Corbaccio made the ordinary assaults against female nature composed Concerning Famous Women, a humanist talk in view of established writings lauding recognized ladies from agnostic Greek, Roman antiquated circumstances, and from the religious and social custom since time long past circumstances making all perusers aware of a sex typically doomed or overlooked ten. Be that as it may, in it, Boccaccio's position was regularly sexist. The book just respected those ladies who kept up the ordinary female "characteristics" like virginity, calm, and consistence. Socially dynamic ladies, for instance, sovereigns and warriors, were depicted as persisting shocking punishments for encroaching into male-area. Regardless of whether Boccacio picked ladies as his subject, he kept up his male haughty state of mind in spite of the fact that in the book. Christine de Pizan's Book of the City of Ladies contains a moment inventory of well known ladies, as a response to Boccaccio's. Where Boccaccio's book indicates ladylike righteousness as uncommon, her book portrays it as normal. Numerous ladies in history were pioneers, visionaries and valiant sufferers for a reason or remained unadulterated despite the lustful advances from men. Crafted by Boccaccio enthused a keep running of such indexes of renowned ladies of the scriptural, traditional, Christian, and indigenous past: works by Alvaro de Luna, Jacopo Filippo Foresti , Brantôme, Pierre Le Moyne, PietroPaolo de Ribera (who recorded 845 names), and numerous others. Whatever preferences these lists contained, these lists showed the general population the possibility of female prevalence. However at the same time, questions surfaced: Could a lady be moral? Would she be able to act strikingly? Would she be able to be as equivalent as a man? These inquiries were contended more than four centuries, in French, German, Italian, Spanish, and English, by male and female writers, among Catholics, Protestants, and Jews, in monotonous volumes and windy booklets, the level headed discussion being alluded as the querelle des femmes, the "Lady Question." The opening downpour of this war occurred in the main years of the fifteenth century, in an artistic civil argument produced by Christine de Pizan. Humanism gave the materials to a positive counter idea to the misogyny inserted in academic theory and law, and acquired from the Greek, Roman, and Christian pasts. A progression of humanist treatises on marriage and family, on training and deportment, and on the idea of ladies helped develop these new points of view. There were, obviously, sees suppositions by ladies that conflicted with ladies' developing new parts, the works by Francesco Barbaro and Leon Battista Alberti, individually On Marriage ( 1415) and On the Family ( 1434-37), reaffirmed ladies' obligations to take care of kids and direct house hold support while being docile, highminded, and calm. And still, after all that, that effectively pondered over the "question ladies" by putting family matters at the focal point of the scholarly community and restoring the significant established writings. Furthermore, Barbaro focused on the significance of a spouse's religious and balanced ideals for the joy of the family, themes that returned later humanist takes a shot at marriage and the training of ladies by Juan Luis Vives and Erasmus who were genuinely delicate to the state of ladies, without taking it too far. A more useful position towards ladies was found in the for all intents and purposes obscure work In Praise of Women (ca. 1487), an index of well known ladies, by the Italian humanist Bartolommeo Goggio where he fought that male and female are basically the same, and that ladies are in certainty better. Similarly, the Italian humanist Mario Equicola focused on the sacrosanct correspondence of men and ladies in On Women. A viewpoint more positive to ladies describes the almost obscure work In Praise of Women (ca. 1487) by the Italian humanist Bartolommeo Goggio. Notwithstanding giving an index of distinguished ladies, Goggio fought cap male and female are basically the same and that ladies are in actuality better. Essentially, the Italian humanist Mario Equicola focused on the awesome balance of men and ladies in On Women ( 1501). In 1525, Galeazzo Flavio Capra (or Capella) distributed his>GET ANSWER