Computers, Privacy & the Constitution

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ChristineOttoJournal 5 - 16 Apr 2020 - Main.ChristineOtto
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ChristineOtto's Journal

March 25 class:
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Course-related work:
 
  • read news articles on the Radar ("As Coronavirus Surveillance Escalates, Personal Privacy Plummets" and "House Passes Bill Preserving F.B.I. Surveillance Powers")
  • listened to March 25 class
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  • It was highly interesting to read and hear about increased surveillance employed by many countries as a means to combat COVID-19. I had previously already done some research on it as I was considering making it the topic of my second paper. The justification of surveillance makes me feel uneasy even though I recognize the importance of curbing the transmission of the virus. Besides the question of proportionality between the pursued benefit of this increased surveillance and its risks/violations of civil liberties, I did not consider the risk of these measures outlasting the epidemic and opening the door to more invasive surveillance later.
  • The 6th Amendment in the 21th century illustrates the problem of the government knowing too much about its citizens and of information asymmetries. The selection of an impartial jury seems to be compromised by this supreme knowledge of the state (due to modern technology, social media and surveillance). You emphasized the extraordinary significance of the selection of the jury in a criminal trial. As someone coming from a jurisdiction without jury trials I wonder whether this means that it would be fairer to abolish jury trials or how else the risk of impartiality of the jury could be minimized. You mentioned that in order to combat information asymmetries the defense has to be shown everything that the government knows. However, this does not solve the issue of grave infringements of privacy.
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 Privacy is not explicitly mentioned in the Constitution but forms as a retained right that has been recognized in various US Supreme Court judgements a constitutional right under the 9th Amendment. A right that as you have said is "as judiciable as enumerated rights in the Constitution." However, that is difficult to fully understand for me: As the rights in the 9th Amendment are not enumerated and are developed by jurisprudence how can there be certainty which rights exist and how the Supreme Court will decide? Is it not in a way arbitrary to rely on a court to such a high degree?
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April 15 class:

I had some difficulties following this week's class which is probably due to my slim knowledge of the U.S. Constitution and its history.

Something that I'm really enjoying are the tech projects. As a not technically well-versed person it took me a while to figure out how to complete these projects but now it seems to be quite simple. I would love to learn more about how to use technology to keep my data private. I am hoping to secure the new laptop I've recently ordered as well as possible and to be more aware of and proactive regarding privacy issues in the future. Do you have any recommendations on how to learn more about how to secure data and to use technology in a more private way? Are there going to be more tech projects?

 


Revision 5r5 - 16 Apr 2020 - 09:46:31 - ChristineOtto
Revision 4r4 - 14 Apr 2020 - 09:08:54 - ChristineOtto
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