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The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?

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The Fourth Amendment in Cyberspace: Can Encryption Create a Reasonable Expectation of Privacy?

4.85 37,579 ratings · 2,357 reviews
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Overview: Does encrypting Internet communications create a reasonable expectation of privacy in their contents, triggering Fourth Amendment protection? At first blush, it seems that the answer must be yes: A reasonable person would surely expect that encrypted communications will remain private. In this paper, Professor Kerr explains why this intuitive answer is entirely wrong: Encrypting communications cannot create a reasonable expectation of privacy. The reason is that the Fourth Amendment regulates access, not understanding: no matter how unlikely it is that the government will successfully decrypt ciphertext, the Fourth Amendment offers no protection if it succeeds. As a result, the government does not need a search warrant to decrypt encrypted communications. This surprising result is consistent with Fourth Amendment caselaw: it matches how courts have resolved cases involving the reassembly of shredded documents, recovery of deleted files, and the translation of foreign languages. The Fourth Amendment may regulate government access to ciphertext, but it does not regulate government efforts to translate ciphertext into plaintext.Article online at:http://papers.ssrn.com/sol3/papers.cf...

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Book details & editions

ISBN
13367756
Publisher
Connecticut Law Review
Publication date
January 1, 2001
Language
Eng
Pages
33 pages
Reading Options
PDF · EPUB · Mobi
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Orin S. Kerr
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Orin S. Kerr
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After spending years working in the corporate world, Orin S. Kerr finally decided to pursue a lifelong passion for writing. They currently reside in a quiet suburb where they spend most of their time outlining new stories, reading extensively, and occasionally attempting to bake.

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Such a rich narrative. I adored how the story unfolded. It kept me captivated without sacrificing elegance. I will undoubtedly revisit this masterpiece.
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