The Fourth Amendment to the U.S. Constitution functions as a shield against excess governmental or police power by prohibiting unreasonable searches and seizures. Since its ratification, legal challenges have tempered this shield by frequently disputing the application of investigative processes and tools, including those that bypass the traditional – and simpler – analysis that focused on physical trespass. But recent technological advancements have prompted novel challenges and have forced the U.S. Supreme Court to adopt a parallel inquiry that evaluates society’s expectations of privacy as an alternate path to invoke the Fourth Amendment’s protections apart from any physical trespass. As revolutionary technology continues to present unique issues, this 200-year-old shield manifests a reflective luster as if polished by years of legal discourse that reveals the priorities of those who would interpret its text. Viewing the Fourth Amendment’s shield as a mirror illustrates not only the thoughts of the drafters that revolved primarily around protecting property interests but also the expectations of modern society with its insistence on promoting privacy. And where the drafters channeled their outrage against the loathsome writs of assistance in colonial times, later Americans continued to denounce the similarly invasive general warrants and attempts by investigators to expand the tools in their arsenal beyond constitutional bounds, especially in the surveillance context. Yet, the problems posed by new technology upon privacy concerns are best resolved by relying on the core principles supporting the Fourth Amendment, previous U.S. Supreme Court precedent, and current societal perspectives regarding privacy as a top priority proven by recently enacted legislation both foreign and domestic.
By applying a similar method to address advancing communication technology and its use as a surveillance tool in Carpenter v. United States, the Court turned this shield-become-mirror upon society to conclude that cell phone location information deserves Fourth Amendment protection because of its untiring comprehensiveness and its uniquely detailed nature. Moreover, nearly every American adult carries a cell phone with them almost all the time, making it possible to create a time-stamped map of any cell-phone-carrying-individual’s movements reaching back years and years. Unfortunately, the Carpenter Court did not extend this crucial protection far enough to protect all cell phone location data, and the unmistakable gap in its holding leaves a potential privacy vulnerability the exploitation of which could cause greater harm than all previously disputed surveillance technology combined because of cell phone usage’s general – near universal – applicability. Allowing cell phone location information to be obtained without probable cause and a proper search warrant not only fails to meet the spirit of the Fourth Amendment, it also begins to tarnish that shield such that it no longer reflects historical or current societal values, reducing its goal of protecting Americans to a hollow incantation of words left to languish as time (and technology) marches on. 相似文献
Effects of mushroom type, seasoning and health benefit information (HBI) on consumers’ saltiness expectation, sensory liking, elicited emotions and purchase intent (PI) of extruded snacks were investigated. Five snacks were evaluated: straw mushroom (Volvariella volvacea) extrudates without (SME) or with seasoning (SMES), phoenix mushroom (Pleurotus pulmonarius) extrudates without (PME) or with seasoning (PMES), and the control without mushroom and seasoning. Hedonic scores and positive emotions were generally higher for seasoned mushroom-containing snacks (SMES and PMES) with 65% and 75.83% of consumers reporting willingness to purchase, respectively, after receiving HBI. Bored, interested and satisfied were identified as significant emotional predictors for PI odds. Flavour, saltiness, overall liking, bored, good and interested were critical attributes, differentiating snacks. This study demonstrated that sensory liking and PI of extruded brown rice-based snacks containing mushroom could be improved through savoury seasoning addition, which also allowed saltiness expectations to be met. 相似文献
The construction of specialty groups in higher vocational colleges is in full swing. However, due to the cognitive bias and
the lack of construction paradigm for reference, the construction of specialty groups is still in the period of "crossing the river by
feeling the stones" with different opinions. There are some problems in the construction of specialty groups, such as unclear under-
standing of the concept of specialty groups, unreasonable logic of groups, unclear construction of groups, and nonstandard manage-
ment of groups. This paper describes the specific content of the construction of modern information technology specialty group
based on the Sydney Agreement, hoping to form a reference paradigm for the construction of specialty group of similar colleges and
universities. 相似文献
ABSTRACT This study investigates how a search interface that displays users’ ultimate query (i.e. users’ current search goal) can cope with the age-related decrease of fluid abilities and support older users’ search behaviours. 30 young and 18 older adults completed 9 search problems with a regular web browser or with the experimental search interface. Results showed that older adults spent longer time on the search engine result pages, they needed more time to reformulate, and they had more difficulties exploring the search paths elaborated. Age-differences also appeared as soon as the beginning of the search. The support tool helped older users reformulate their queries more rapidly and elaborate more flexible search strategies at the beginning of the activity. Indeed, older adults who interacted with the support tool switched to the processing of a new search path more rapidly instead of exploiting their initial query (i.e. they visited fewer websites for the initial query produced and reformulated a query instead of keeping on conducting a deeper investigation of the search results provided in the search engine result page). Implications of these findings for the design of effective support tools for older users are discussed. 相似文献