14 Items

Journal Article - University of Pennsylvania Journal of Constitutional Law Heightened Scrutiny

Decrypting the Fifth Amendment: The Limits of Self-Incrimination

| October 2012

In "Decrypting the Fifth Amendment: The Limits of Self-Incrimination in the Digital Era," Vivek Mohan and John Villasenor examine the scope of information protected from compelled self-incriminating disclosure by exploring the boundaries of the contents of the mind. They propose a framework for bringing the foregone conclusion doctrine, which was articulated in 1976, into the digital era, and conclude that the question of what constitutes a "testimonial act" must be revisited to proactively ensure that emerging technologies do not eviscerate the Fifth Amendment privilege against self-incrimination.

Blog Post - Technology and Policy

The Cloud: Private as Curbside Garbage?

| Apr. 12, 2012

It is no surprise to those following consumer or enterprise computing that we are moving inexorably towards the cloud.  The availability of increased – and of increasingly mobile – connectivity to the Internet has allowed for the development, and widespread usage, of cloud-based services.  At the same time, mobile devices have undergone a rapid evolution, expanding both in capability as well as market penetration.  Devices such as the iPhone and iPad have revolutionized the marketplace in less than five years since their release.

Discussion Paper - Science, Technology, and Public Policy Program, Belfer Center

Cloud and Mobile Privacy: The Electronic Communications Privacy Act

| February 2012

Consumer expectations of online and mobile privacy have in recent years diverged significantly from reality. In certain circumstances, the United States government has the ability to access a consumer's cloud-based email, location data gathered from their mobile phones, and information about what calls a user places on a mobile device—without a warrant. While a broad coalition is spearheading reform efforts in Washington, providers of these services should take proactive steps to bring consumer understanding of their privacy more in line with reality.