Ethics Of Electronic Search And Seizure Essay

1521 WordsDec 5, 20167 Pages
Ethics of Electronic Search and Seizure Ori Messinger, 213613898 This essay analyzes the morals and ethics of the amendment to Rule 41 (Search and Seizure) of the federal rules of criminal procedure (FRCP). The ethical theory used to analyze the amendment to rule 41 of the FRCP is act utilitarianism (based off of the ‘greatest happiness principle’) which states that an action is considered moral if its benefits exceeds the harms to the affected parties. With the use of this ethical theory of act utilitarianism, it will be demonstrated that the amendment to to Rule 41 pertaining to electronic remote search and seizure of computer data is morally and ethically unjustified. Firstly, the Fourth Amendment of the U.S. constitution is violated by the amendment to rule 41 which would eliminate the “Reasonable Expectation of Privacy” of citizens. Additionally, the amendment to rule 41 of the federal rules of criminal procedure can act as a double edged sword, since personal information can leak out to the public. Finally, the amendment to rule 41 lacks a clearly defined mitigant to warrantless remote search and seizure of computer data, which allows for any computer to be remotely searched (hacked) without the knowledge of the owner. The act of electronic remote search and seizure is a violation of personal privacy rights and is not only unethical but also unconstitutional. Initially, the amendment to rule 41 of the federal rules of criminal procedure might seem justifiable since
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