Defining Fourth Amendment Protection In The Electronic Age

The National Security Agency (NSA) has used the holding in a Supreme Court case from 1979, Smith v. Maryland, to support its cybersecurity efforts. These efforts have involved the collection of telephone, email, and internet usage data of American citizens without probable cause.

This program, led by attorney Patrick Joyce, will examine the underpinnings of that decision and predict where courts are headed in the area of Fourth Amendment protections in the electronic age.

Learning Objectives: 

1. Examine the Supreme Court's treatment of the Fourth Amendment as it applies to electronic surveillance
2. Discuss the history of the Court's analysis of search and seizure doctrine
3. Understand how the Court will approach the stress that the electronic age places upon Fourth Amendment protections