Cybercrime Case Study Paper

I believe the answer is quite simple: the Fourth Amendment is in no way, shape, or form outmatched by this challenge. The internet is an extension of each and every individual who uses it, and to violate the privacy granted by the US Constitution is, without exception, unconstitutional and should absolutely be

Since the time the framers of the constitution, technology has improved significantly which has led to an increasing concern in the privacy of an individual. Technology, used by government agencies and commercial enterprises, has led to a change in one’s privacy and freedom. For this reason, the agencies and enterprises have been called into question of infringement of the fourth. Using the lessons learned from history, the framers of the constitutions created the fourth amendment, which protects from unreasonable searches, and the fifth amendment, which prevents a person from incriminating himself or herself, to create a government with just laws, but with the advancement in technology, the fourth amendment needs to expand its policies to fit the changes in modern society.

The past several years have seen a proliferation of legislation directed at controlling criminal activities through the increased application of new laws. The effectiveness of these new laws, remains in question due not only to their relative infancy but also due to a uniform determinism of what constitutes effectiveness. The purpose of this paper will be to review the Fourth amendment particularly relating to NSA, FISA, Title III and the PATRIOT Act.

Also mentioned in Zwerdling’s (2013) article was how the “world of computers has weakened the Fourth Amendment.” Before technology it was never easy for the government to receive your information without a said warrant. Those times have all

Americans security and the Fourth Amendment have been conflicting since the origin of the amendment. Some Americans started to be at odds with whether their security is at risk with the amendment, yet other citizens feel that privacy is equally important. With the coming of the twenty first century complications between the two are certainly bound to occur. Since the coming of the digital age and mass production of personal electronics, people’s privacy becomes imminent. Simple reasoning shows America rebelled from Great Britain; and one of those reasons for America to fight for its independence is that there was no sensible privacy was being showed. Although the Fourth Amendment tries to protect the privacy of Americans data, it should be

Donohue, L. K. (2016). The Original Fourth Amendment. University of Chicago Law Review, 83(3), 1181-1328. Retrieved from Academic Search

" In the late eighteenth century, after the United States of America achieved their independence from their former ruler, American leaders decided that their country was in need of a new document to rule over it. They took upon themselves the task of drafting the Constitution, which has been the supreme law since its ratification. As part of its Bill of Rights, the Fourth Amendment protects American citizens from ""unreasonable searches and seizures"". While the internet did not exist for a couple more centuries, this right that citizens have expands and changes as society does, therefore internet protection falls under the umbrella of the Fourth Amendment. The government monitoring the internet could be considered illegal under this fourth

The Fourth Amendment (Amendment IV) to the United States Constitution comprises the Bill of Rights that fundamentally accentuates upon the prohibition of unreasonable searches and seizures and presses upon the presence of warrant to be judicially sanctioned and supported by a probable cause. The law was basically developed in response to the abuse of the writ of assistance.

The Problem with the fourth amendment is, that the fourth amendment is connected to physical searches and seizures. Thus, it is really difficult to apply the fourth amendment for digital evidence because the environments between digital and physical evidence are quite different. For instance, if the police has a search warrant for a house or person, then the search warrant contains “where” the search occur and for “what”. On closer consideration, the “where” question cannot be used for digital evidence. It can be used to find a computer, but the “where” are the data located, cannot be used for the forensic process.

The Fourth Amendment requires is a set of policies and practices that limit the discretion of law enforcement, provide for meaningful judicial review, and effect a reasonable accommodation of both the legitimate interests of law enforcement in preventing, detecting, and prosecuting crime, and the privacy interests of citizens subject to surveillance (2013, 70).

Privacy is a freedom that many people don’t recognize, but is essential to many. Personal information; social security numbers, passwords, text messages, etc., are now available online, and are kept personal, right? As the internet is becoming more and more accessible, everyone’s digital footprint is growing. Since the government has easy access to this information, privacy, free speech, and security suffer. The fourth amendment protects tangible items, but it never said anything about digital items. I propose a new amendment, that our digital footprint be protected, and out of the hands of the government, the only exception being in a criminal case. They should not be able to search through it as they please, just as they are not allowed to

For over two centuries American citizens have bided by the first 10 commandments in the United States Constitution, otherwise known as the Bill of Rights, for protection over their personal liberties from the United States government. These personal liberties include, but are not limited to: The freedom of religion, speech, and press, the protection of privacy, and the right to life, liberty, and property. These personal liberties protected by the government, from the government, have always been strictly enforced with no unknown territory. That is until approximately three decades ago when the Internet was created. Over the last twenty-seven years technology has been quickly advancing creating an unknown world of the Internet and

Technology has become very effective for a thriving generation, but it also possesses a handful of flaws that counter the benefits. Technologies help people post and deliver a message in a matter of seconds in order to get a message spread quickly. It also gives individuals the power to be the person they want to be by only showing one side of themselves. But sometimes information that had intentions of remaining protected gets out. That information is now open for all human eyes to see. This information, quite frankly, becomes everybody’s information and can be bought and sold without the individual being aware of it at all. However, this is no accident. Americans in the post 9/11 era have grown accustomed to being monitored. Government entities such as the NSA and laws such as the Patriot Act have received power to do so in order to protect security of Americans. However, the founding fathers wrote the fourth amendment to protect against violations of individual’s privacy without reason. In a rapidly growing technological world, civil liberties are increasingly being violated by privacy wiretapping from government entities such as the NSA, Patriot Act and the reduction of the Fourth Amendment.

Cyber Crime is described as criminal activity committed via use of electronic communications with respect to cyber fraud or identity theft through phishing and spoofing. There are many other forms of cyber-crime also such as harassment, pornography etc. via use of information technology.

In accordance with many decades of cyber evolution, a cybercrime is shown in different ranges of crimes, which depend on the spread of technology and law. From the introduction of computer in the 1960s to the rise of personal computer in 1980s, cybercrime began to appear. The crimes can vary from piracy of software to patent-related crimes. This caused a surge in the introduction of relevant legislation in many countries and international organizations involved. In late 1990s, when Internet and transnational crimes were born, the international community cooperated in many instances such as the passing of the UN General Assembly Resolution 45/121 in 1990 and the manual for the prevention and control of computer-related crimes issued in 1994. Despite all the