Cs. With congress on its summer recess, the cities tour is on cspan every day at 6 00 p. M. Eastern. Today we head to wheeling, west virginia. The first major highway built by the federal government. Well take a look at civil war battle flags and recount senator Joe Mccarthys enemy from within speech which he delivered in wheeling in 1950. T next, legal analysts talk about government surveillance and data gathering technologies in the digital age. They examine the role of congress, the courts, and the administration in enacting rules to protect consumer privacy. American university hosted this event. The senior counsel with the National Association of criminal defense lawyers. If you missed it, but if youre watching online and you have questions you can email them to nacdlquestions gmail. Com. Xrikz well do our best to get them asked. For those tweeting weve been tweeting with the hashtag Fourth Amendment. So feel free to use that. I want to introduce the moderator of our next panel, w
Manned helicopters extremely expensive and not many local Law Enforcement agencies own them. Drones are cheap and the little ones arent that sophisticated. But what i think is really fascinating is the possibility of ariel surveillance the idea that you could fly something over a city. You could sort of see individuals Walking Around the streets and trap cars, so i think thats really fascinating. Cell phone data can be obtained. This is location dayta stretching back for as long as the mobile phone carrier wants to keep it. Text messages, browsing history. It can be records of phone calls people have dialed. Everything you do on social media, this is really depressing. As im listening, just tryinging to be as comprehensive as possible. There are circumstances in which you can get access to day to on peoples facebook or other accounts. We all know of people who share more there than perhaps would be wise. There is the story in maine of the guy who was who posted his you know marijuana p
Perspective on whether or not account be searched to use for arrest. It goes through four examples of the difference. To paraphrase it quickly, a phone stores more pieces of data that reels more about a person. Text messages and emails and pictures and apps. And when you look at that it reveals more about a person. The second is if you only look at one piece of data on the phone there is so much about it it reveals more about a person. You may have a picture of a kid in your wallet but your cell phone will have pictures of what you ate for dinner and who you hang out with and whatnot. And that matters. The other two things the court emphasized is that the data goes back before the phone is purchased. You have ten years of emails all over again. And you know, the fourth point was that phones are so pervasive in Society Today and all these things together triggered a different constitutional analysis that was not dependent on what the court said 40 years ago. That approach can work in ot
Its going . Looking at the Court Decisions that have come down to date. And a corollary of that is does the current analysis under the Fourth Amendment, reasonable expectation of privacy, does it really fit this subject matter . Or is there another way to look at it, perhaps . Another topic is how do we find out in our cases whether this technology has been used . Youve heard from our last panel efforts that have been made by Law Enforcement to keep it secret. How do we determine that it has been used . And for instance, in the instance of the stingray device, even after it was discovered that it was being used, Law Enforcement made an effort to keep the details of how the device worked secret. How do you discover how these devices are used, whether, for instance, they involve a trespass that would evoke the plurality of opinion in jones, how are they attached to something . Do they grab something out of the air . How do they work . And third, what do we do with this stuff . How do we
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