Michael Sher : Courses and Seminars
Developments in Fourth and Fifth Amendment Jurisprudence: Effects of Emerging Technologies
This seminar focuses on the evolution of Fourth and Fifth Amendment jurisprudence in response to a world of rapidly changing technologies. Topics covered include changes in expectations of privacy effected by changes in technology, searching and monitoring of email, use of geolocation information, GPS tracking, collection of historical and prospective cell-site location information and records and real-time cell phone tracking, the act-of-production doctrine and compelled production of computer passwords, and routine collection of DNA from arrestees. The seminar also considers related policy considerations and how these considerations are addressed by statutes, such as the Stored Communications Act, and by proposed legislation. The student's grade is based on a final examination and class participation.