Does the digital-world cause the Fourth Amendment, A.K.A. the right to privacy, to be out of date?
Yes, however, both historical and legal contexts need to be taken into account. Rarely is a change made to the U.S. Bill of Rights. Since its adoption in 1791, “The original document has been changed only seventeen times” (“Digital History,” n.d.). Considering the original Bill of Rights has only changed seventeen times, great care and consideration needs to go into a question like this.
Figure 1. (“A bill of rights as provided in the ten original amendments to the constitution of the United States in force December 15, 1791. [n. p. 195-].,” n.d.)
After considering all of the angles, I have concluded that The Fourth Amendment, A.K.A the right to privacy, does not need to change to protect an individual’s digital rights. The word “effects” in the fourth amendment protects digital information associated with an individual.
However, further legal clarification is required to protect digital rights comprehensively. To accomplish this goal, the U.S. should consider developing a Digital Rights Act and write it into law. For example, The Voting Rights Act of 1965 was written into law to eliminate discriminatory election practices (“History Of Federal Voting Rights Laws,” 2015). Acts such as the Voting Rights Act of 1965, are “a piece of legislation that applies to particular circumstances and specific people”. In the case of digital rights, U.S. citizens are the specific people, and the particular circumstances are the use of technology to participate in a digital world.
Stay tuned for further discussion on what should go into a U.S. Digital Rights Act.
References
A bill of rights as provided in the ten original amendments to the constitution of the United States in force December 15, 1791. [n. p. 195-]. (n.d.). [online text]. Retrieved February 3, 2019, from https://www.loc.gov/resource/rbpe.24404400/
Digital History. (n.d.). Retrieved February 3, 2019, from http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=2&psid=3244
History Of Federal Voting Rights Laws. (2015, August 6). Retrieved February 3, 2019, from https://www.justice.gov/crt/history-federal-voting-rights-laws
No Comments