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page:
3 pages/≈825 words
Sources:
4
Style:
APA
Subject:
Law
Type:
Research Paper
Language:
English (U.S.)
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MS Word
Date:
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$ 15.55
Topic:
Legal and Constitutional issues associated technology
Research Paper Instructions:
Assignment Details
Smartphones, the Internet, and rapid advancement of technology have come to influence all aspects of people's daily lives. However, as with any advancement in technology, there are always those who will misuse this technology for their own purposes—criminal and abusive. In fact, the developer of the ILOVEYOU worm, one of the most destructive computer viruses in history, faced no legal penalty in his nation because at the time, what he did was not a crime. This is but one example of many in which the law has been unable to keep pace with technology. In this activity, you are tasked with conducting independent research to identify specific legal concerns and issues associated with technology. In your independent research, you must discuss one example involving technology and the criminal justice system. Then, either for this issue or a separate issue analyze the constitutional challenges that are involved with the technology that is used in the criminal justice system.
You may refer to the following for inspiration:
Electronic Frontier Foundation
EPIC - Electronic Privacy Information Center
Center for Democracy & Technology
Crime Has Gone High-Tech, and the Law Can’t Keep Up
Possible topics (this list is not exhaustive)
Social Media such as Facebook, Instagram, and Twitter
Smart phones and watches
Cybercrimes
DNA retrieval and storage
Surveillance cameras on the streets
Use of GPS
Identity Theft
Technology such as ShotSpotter
Use of Biometrics
**Most of these topics involve either the First Amendment or the Fourth Amendment.
Complete the following for this assignment:
Conduct independent research on legal and constitutional issues associated with technology.
Analyze one issue involving the relationship between technology and crime, with a clear identification of how the law has or has not kept pace with technology.
You may choose a separate constitutional challenge, or use the same. Analyze the constitutional challenges that are involved with the above issue or a separate issue involving technology and the criminal justice system.
Include no fewer than 2 scholarly resources, 2 non-scholarly resources, and 1 legal case.
Click here to see the characteristics of a scholarly article.
Research Paper Sample Content Preview:
Constitutional Challenges and Technological Surveillance: A Study of United States v. Jones
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Technological progress has advanced exponentially, overtaking the growth of legal systems and creating complex issues for protecting constitutional rights about the Fourth Amendment. Today, technology can replace, infiltrate, and dominate various aspects of modern society, including communication, business, and security systems, changing the old-school criterion. As society progresses into the digital era, it is pertinent to assess and transform the legal frameworks to avoid possible callous obliteration of the United States Constitutional provisions by technology. Without substantive enhancements to legal safeguards, it is worrying how technologies are poised to erode some of the core tenets of our democracy, privacy, and freedom of speech.
Cybercrimes involve computer technology and software to facilitate criminal activities such as computer system hacking, identity theft, and fraud. Notably, computer system hacking entails the unauthorized access and control of computer systems to access vital information that may be manipulated. Next, identity theft is using, without permission, other people's information mainly for personal monetary benefit. Finally, internet fraud consists of plans aimed at exploiting people's trust or failure to disclose information, and most commonly, it is related to monetary scams (Hawdon, 2021; Shang et al., 2023).
Existing laws are unable to meet the complexity of cyberspace criminality. Technological changes occur at very high speeds, and the legislative process cannot match this speed; hence, the laws enacted may need to be revised to address new forms of digital crime. Moreover, jurisdiction becomes a factor as most computer crimes are transnational, making enforcing or prosecuting the offenders difficult. Internet fraud also presents some technical issues since its prevention and detection demand technical expertise in law enforcement.
The United States v. Jones case is necessary to discuss when delving into the Fourth Amendment concerns regarding digital surveillance. In this case, Antoine Jones was thought to be involved in drug trafficking, and the FBI failed to get a viable warrant to fix a tracking device on his car. They shadowed him for 28 d...
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