

The fourth amendment and the global internet [pdf] - mjn
http://www.stanfordlawreview.org/sites/default/files/67_Stan_L_Rev_285_Kerr.pdf

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bediger4000
Since we're talking "global" here, the "fourth amendment" in question is the
USA's constitution 4th amendment - citizens are supposed to be secure in their
person, houses, papers and effects, and the government is supposed to get
arrest and search warrants only for specific suspicions - no "search the east
side of the city" sort of thing.

The general idea is that citizens are supposed to be treated as if they were
innocent, not as if they were guilty, and all the government has to do is
figure out exactly what they're guilty of. Police are to have limited powers.
This is supposed to contribute to a free and open atmosphere, which leads to
faster innovation, etc etc etc. A rising tide lifts all boats.

My problem with analyses like Kerrs here, is that if something like a freedom
from unreasonable search and seizure is good policy, then why limit it to US
citizens? Why not apply it universally? Instead, Kerr goes full lawyer on it,
the Supreme Court has defined the contours of the law, there's an N-pronged
test for who qualifies, blah blah, all very inhuman.

