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New law review article: "The Fourth Amendment Right To Delete"

By John Wesley Hall, Jr.

The Fourth Amendment Right To Delete by Paul Ohm in the Harvard Law Review. First paragraph and last paragraph of introduction: For years the police have entered homes and offices, hauled away filing cabinets full of records, and searched them back at the police station for evidence. In Fourth Amendment terms, these actions are entry, seizure, and search, respectively, and usually require the police to obtain a warrant. Modern-day police can avoid some of these messy steps with the help of technology: They have tools that duplicate stored records and collect evidence of behavior, all from a distance and without the need for physical entry. These tools generate huge amounts of data that may be searched immediately or stored indefinitely for later analysis...continue to full post

Full post as published by Fourth Amendment on July 13, 2010 (boomark / email).