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This article is currently available as a free download on ingentaconnect The case of Bush v. Gore stands out as the seminal decision that This Article will focus on the shift from traditional print-based authority to a more online and democratic way of using authority to create law. There are still pitfalls in this new world, but the death of traditional authority can be seen with some cautious optimism, because it allows practitioners to choose from a much larger base of authority than what used to be available. [...]
Symposium Article appears in Issue 7
Posted on Sat, 2010-09-04
Citation: 88 Texas L. Rev. 1855
In this Article, Graves questions what the phrase “reasonable expectation of privacy” means in the national security context after changes made by the Bush Administration. Graves argues that recent amendments to FISA allow the government to monitor U.S. based internet service providers in search of foreign-intelligence information. In the process, “incidental” information about Americans is gathered as well. Graves questions the constitutionality of such collections and argues that this activity demonstrates the fundamental failure of a reasonableness test to protect the privacy interests of Americans.
Symposium Article appears in Issue 7
Posted on Sat, 2010-09-04
Citation: 88 Texas L. Rev. 1795
In this Article, Sales discusses information walls in federal statutes such as the USA PATRIOT Act that prevent sharing between agencies and federal/state law enforcement. Sales identifies the costs and benefits of information sharing, acknowledging the potentially high costs of mishandling sensitive information. He then points out the statutory restrictions that prevent information sharing and the policy reasons behind these restrictions. Sales ends by attempting to merge the two and describe how the benefits of information sharing can be realized while upholding the policy reasons to protect sensitive information.
Symposium Article appears in Issue 7
Posted on Sat, 2010-09-04
Citation: 88 Texas L. Rev. 1767
In this Article, Patterson discusses how the government might introduce deciphered encrypted information into evidence without being forced to expose sources or methods of deciphering. Patterson proposes a “key theory” where the government would only need to provide a key to decipher the information to the court but not have to reveal how the key was obtained or how it works. He describes the historic methods of encryption and the problems associated with introducing such evidence in the context of a specific espionage case. Patterson then describes applicable rules of evidence and how the key theory works within them. |
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