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Ken Strutin, director of legal information services at the New York State Defenders Association, writes: Computer files are distinct entities, distinguishable from other physical evidence. They are dynamic, and their contents changeable requiring translation to be viewed and understood. Search limiting protocols are essential to curb overbroad and unfettered examination of private files in a growing range of formats. Practicality, convenience and necessity are poor guarantees of constitutional protections. New technologies demand new solutions to protect individual rights. And the limitations of computer search methods should not diminish the protections guaranteed by the Fourth Amendment.
July 08, 2008 at 12:00 AM
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