Computers, Privacy & the Constitution

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SethGlickmanSecondPaper 3 - 19 May 2021 - Main.EbenMoglen
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

Digital Sequestration

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 Digital sequestration, while perhaps attractive on first approximation, is unlikely to achieve the goals of sequestration to any meaningful degree, and the resulting invasions of privacy make this, on balance, not worth pursuing.
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I think this is a forceful demonstration that "digital sequestration" is not a conceptual substitute for physical sequestration. This is not a trivial conclusion, worthy of the work of getting to it, but I think the best route to improvement is to adjust the vantage. I think the real question has to do with cases involving so much trial publicity as to raise questions about how jurors can manage their connection to the Net. What might courts try so as to preserve their jurors' insulation from intrusive non-evidence while allowing them as much normal digital life as possible? This is not necessarily about the period of deliberations only. Ordering jurors not to read coverage of the trial in newspapers and to turn off the television if the trial was mentioned was surely reasonable in the 20th century. What is now?

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.

Revision 3r3 - 19 May 2021 - 21:05:09 - EbenMoglen
Revision 2r2 - 17 Apr 2021 - 21:14:01 - SethGlickman
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