About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


78 Miss. L.J. 381 (2008-2009)
Combating Terrorism in the Digital Age: A Clash of Doctrines: The Frontier of Sovereignty - National Security and Citizenship - The Fourth Amendment - Technology and Shifting Legal Borders

handle is hein.journals/mislj78 and id is 407 raw text is: COMBATING TERRORISM IN THE DIGITAL AGE: A CLASH OF DOCTRINES: THE FRONTIER OF SOVEREIGNTY-NATIONAL SECURITY AND CITIZENSHIP-THE FOURTH AMENDMENT-TECHNOLOGY AND SHIFTING LEGAL BORDERS Harvey Rishikof* I guarantee you this: neither the drafters of the Fourth Amendment, nor the Supreme Court when it crafted the 'border search exception,' ever dreamed that tens of thousands of Americans would cross the border every day, carrying with them the equivalent of a full library of their most personal information.... If you asked most Americans whether the government has the right to look through their luggage for contraband when they are returning from an overseas trip, they would tell you yes, the government has that right. But if you asked them whether the government has a right to open their laptops, read their documents and e-mails, look at their photographs, and examine the websites they have visited, all without any suspicion of wrongdoing, I think those same Americans would say that the government absolutely has no right to do that.... Ideally, Fourth Amendment jurisprudence would evolve to protect Americans' privacy in this once unfathomable situation. But if the courts can't offer that * Professor of Law, former Chair, Department of National Security Strategy, National War College. The views expressed in this article are those of the author and do not reflect the official policy or position of the National Defense University, the National War College, the Department of Defense, or the U.S. government.