Data Retention: Privacy, Anonymity, and Accountability Online

摘要: IN TRO D UCT ION 192 I. THE FOURTH AMENDMENT 197 A. "Real Space" Cases 198 1. Root of the current doctrine: Katz v. United States 2. Communications privacy part II: pen registers, Smith Maryland ....... 201 3. Record retention: The bank cases 204 4. Synthesis doctrine 206 B. Application to Internet Are records in possession a third party? 208 Were voluntarily turned over Would an inquiring user have realized that technological context enabled third-party access? 209 Do capture communication "content"? 211 C. Lower Court Decisions 212 D. Conclusion on Fourth Amendment 214 E. Reasons Distinguish from Real Space 215 II. FIRST A M ENDM ENT 216 Anonymous Speech 217 right give information anonymously 218 associate 221 receive 222 Data Retention and Activity 223 value online speech 224 Anonymity versus accountability 225 C O N CLU SIO 229