Friday, October 28, 2011

4th Amendment Future: Remote Searches and Virtual Force

I've just posted the final draft of a new article of mine on SSRN. . . which might, or might not, be of interest to you. It's a paper I presented last spring at a symposium on "4th Amendment Futures."

I'm posting an abstract of the article below. If the abstract sounds interesting, you can access the full text of the article (which will be published by the University of Mississippi Law Journal later this year) on SSRN.

Here's an abstract of what it covers:
This article examines the 4th Amendment implications of two tactics that may become part of law enforcement’s efforts to investigate and otherwise control criminal activity. The first is the use of certain types of software, most notably Trojan horse programs, to conduct surreptitious, remote searches of computers and computer media. The other tactic is the use of “virtual force,” e.g., using Distributed Denial of Service and other attacks to shut down or otherwise disable websites that host offending content and/or activities.

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