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June 23, 2011

Will Spy Tactics Backfire/

Ispy Today’s Op-Ed by David Shipler in The New York Times by is highly recommended reading for anyone concerned with electronic discovery in criminal investigations.

In this piece, Shipler points to some recent Fourth amendment decisions and positions taken by Congress, including GPS tracking to argue that the Fourth Amendment is being steadily eroded. He writes: 

"These decisions “further erode the privilege of privacy that was championed by Congress and the courts in the mid-to-late-20th century, when the Fourth Amendment’s warrant requirement was applied to the states, unconstitutionally seized evidence was ruled inadmissible in state trials, and privacy laws were enacted following revelations in the 1970s of domestic spying on antiwar and civil rights groups.”

Shipler suggests that current efforts to undermine the Fourth Amendment will one day be viewed similarly to efforts in World War I and following Pearl Harbor — efforts that are not seen today as proud moments in American History.




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