Is modern law and jurisprudence failing in fulfilling its obligation to provide society with clear and understandable norms?
Take a look at Legal Consensus of Warrantless Cellphone Searches Is Elusive at the New York Times by Somini Sengupta.
Modern law in its approach to the digital era looks more and more like a cookbook of serendipity recipes, and, much like patent law, has become law by trial and error, rather than law by intelligent design. I say that as a dynamic legal "evolutionist" and not as a dogmatic legal "creationist" or inert "originalist". The world is constantly in motion and experience shows that law must follow, slowly as it does, but follow it must.
As a political centrist, and looking objectively at our "Facebook" world, the reasonable expectation of privacy is no longer what it once was and should most certainly be interpreted to enable prudent and sensible law enforcement.
Having law enforcement officials obtain search warrants to search cellphones of people lawfully arrested is an unnecessary application of antiquated legal principles to modern digital devices for which those principles were never intended and where they do not serve well at all.
Cellphones may be in private ownership, but they are capable of broadcasting worldwide. A normal cellphone operator can locate its customers to within a few feet at any time, and everyone knows that everything can be recorded and probably is. An expansive "expectation" of privacy for digital devices vis-a-vis law enforcement officials is rather far-fetched.
Monday, November 26, 2012
Law Enforcement and Digital Devices: Cellphone Law Lacks Court Consensus As Congress Legislates Years Behind the Times and Every Judge Hacks Out Algorithmic-Like Solutions in His or Her Judicial Lab
Posted by Andis Kaulins at 11/26/2012 12:20:00 AM
Most Popular Posts All Time
- Samsung Digital Picture Frame 2006 is Clear Designer Prior Art to the Later "Design" of the iPhone and iPad
- Legal Graphologists : A Query to You : What About the Christopher Marlowe - William Shakespeare - Controversy and The Signatures of These Two Authors? Are They By the Same Hand?
- PONG ! About that Ridiculously Granted Bounce-Back Scrolling Patent US 7469381 Which Is Anticipated by the Prior Art and Obviousness of the Old Atari Game of PONG
- Speaking of Mouse Trap Economics, What About that Yarn that Patents Stimulate Invention: Les Earnest Testifies Before the USPTO
The ISandIS Network
Our Websites and Blogs: 3D Printing and More 99 is not 100 Aabecis AK Photo Blog Ancient Egypt Weblog Ancient Signs (the book) Ancient World Blog AndisKaulins.com Anthropomorphic Design Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) Archaeo Pundit Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Book Pundit Chronology of the Ancient World Computer Pundit DVD Pundit Easter Island Script Echolat edu.edu Einstein’s Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Gadget Pundit Garden Pundit Golf Pundit Google Pundit Gourmet Pundit Hand Proof HousePundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium Kiel & Kieler Latvian Blog LawPundit.com Law Pundit Blog LexiLine.com LexiLine Group Lexiline Journal Library Pundit Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic World Megaliths Blog) Megaliths.net Minoan Culture Mutatis Mutandis Nanotech Pundit Nostratic Languages Official Pundit Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Pinterest Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Shelfari SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stonehenge Pundit The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Wine Pundit Word Pundit xistmz YahooPundit zistmz