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Journal ArticleDOI

The Constitutional Right to Privacy in the Supreme Court

01 Jan 1962-Supreme Court Review (The University of Chicago Press)-Vol. 1962, Iss: 1, pp 7
TL;DR: In this article, the Court was split asunder on the question of the existence of such a constitutional right, although it did not-nor did it have to-resolve the question.
Abstract: Decisions of the Supreme Court involving the right to privacy or containing extensive r ferences to that right have been part of the staple fare of constitutional litigation for many decades. Only last Term, in Lanza v. New York,' the Court was split asunder on the question of the existence of such a constitutional right, although it did not-nor did it have to-resolve the question. Even the casual reader soon realizes, however, that he phrase \"right to privacy\" is used to describe a variety of interests, hat it is urged upon the courts in a wide range of circumstances, andthat judges use it in different senses and for varying purposes.2
Citations
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Journal ArticleDOI
TL;DR: In this article, the authors discuss the ramifications of considering privacy as a public good for business organizations and offer prescriptive insights for organizations to successfully obtain information from consumer while respecting their privacy.
Abstract: The main objective of this study is to discuss the ramifications of considering privacy as a public good for business organizations. Using an extensive literature review, an attempt to achieve this objective is made by trying to answer the following questions: (1) What are the historical and philosophical roots of privacy? (2) How is the concept of privacy defined and what are the controversies surrounding different definitions of privacy? (3) Does an individual have a right to privacy? (4) If the answer to question three is in affirmative, what are the philosophical and legal foundations of that right? (5) How can an individual's privacy be invaded? (6) Is privacy right an individual right or does it have a societal value? (7) What are the reasons for considering privacy as a public good? Finally, the article offers prescriptive insights for organizations to successfully obtain information from consumer while respecting their privacy.

10 citations


Additional excerpts

  • ...This view is supported by many well-known philosophers and legal experts (Bazelon 1977; Beaney 1962; Beytagh 1975; Bloustein 1978; Freund 1971; Henkin 1974; Hirschleifer 1980; Konvitz 1966; Monagham 1977; Simmel 1971)....

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Patent
09 Jun 2015
TL;DR: In this article, the authors present a system, method and apparatus for network security monitoring, information sharing and collective intelligence between and among at least a first central processing unit (CPU) and at least two central processing units (CPUs) connected together by a network.
Abstract: A system, method and apparatus for network security monitoring, information sharing and collective intelligence between and among at least a first central processing unit and at least a second central processing unit connected together by a network. The system includes a network interface device with hardware-based logic for recognizing and cataloging individual sessions, wherein the network interface card is in communication with the network. The network interface device includes onboard cryptographic key management components with symmetric key algorithms, an onboard packet encryption software module using derived keys to encrypt network packets, and software for storing encrypted copies of network packets as blocks. Third party analyst hardware and software derive keys necessary to retrieve encrypted network packets.

5 citations

Journal ArticleDOI
TL;DR: In this article, the authors pointed out that "its cautious advance and retreat a few steps at a time is turned into a weakness unless bearings are taken at frequent intervals so that we may know the relation of the step to the movement as a whole".
Abstract: \"its cautious advance and retreat a few steps at a time is turned into a weakness unless bearings are taken at frequent intervals so that we may know the relation of the step to the movement as a whole.\"' As the past few volumes of the United States Reports indicate, the Supreme Court has, after some ten years of relative inattention, once again directed its concern to the problems of search and seizure.2 Although these problems are among the most frequently litigated in the criminal law, their scope and impact are not fully revealed in the reported opinions. Where an accused is apprehended in possession of contraband such as narcotics or bootleg liquor, his sole defense will usually turn on the legality of the search and seizure. If the district judge determines that they were proper, the accused will often plead guilty,8 hoping for a lighter sentence, rather than gamble on the chance that the district judge might be reversed.4 Similarly, where the search and seizure are held illegal, the Government, having no right of appeal,5 will often be obliged to dismiss the prosecution. The basic right asserted in most cases involving search and seizure is, of course, protected by the fourth amendment, which provides that:

2 citations

References
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Journal ArticleDOI
TL;DR: In this article, the authors pointed out that "its cautious advance and retreat a few steps at a time is turned into a weakness unless bearings are taken at frequent intervals so that we may know the relation of the step to the movement as a whole".
Abstract: \"its cautious advance and retreat a few steps at a time is turned into a weakness unless bearings are taken at frequent intervals so that we may know the relation of the step to the movement as a whole.\"' As the past few volumes of the United States Reports indicate, the Supreme Court has, after some ten years of relative inattention, once again directed its concern to the problems of search and seizure.2 Although these problems are among the most frequently litigated in the criminal law, their scope and impact are not fully revealed in the reported opinions. Where an accused is apprehended in possession of contraband such as narcotics or bootleg liquor, his sole defense will usually turn on the legality of the search and seizure. If the district judge determines that they were proper, the accused will often plead guilty,8 hoping for a lighter sentence, rather than gamble on the chance that the district judge might be reversed.4 Similarly, where the search and seizure are held illegal, the Government, having no right of appeal,5 will often be obliged to dismiss the prosecution. The basic right asserted in most cases involving search and seizure is, of course, protected by the fourth amendment, which provides that:

2 citations