MIT 6.805/STS085: Ethics and Law on the Electronic Frontier

Class on Sept. 27
Basics of Fourth Amendment Law

Reading preparation for class

• Semayne's Case. "A man's home is his castle" case from 1604.

• Olmstead v. United States, 277 U.S. 438 (1928). This was an early rejection by the Supreme Court of Fourth Amendment rights in telephone conversations, on the grounds that wiretaps do not constitute a physical search, and nothing is actually seized. Make sure to read the entire opinion, including Brandeis's dissent, which forms the basis of your writing assignment due for this week.

• Katz v. United States, 389 U.S. 347 (1967). This decision effectively reversed Olmstead and established a reasonable right of privacy in electronic communications, on the grounds that "the Fourth Amendment protects people, not places."

• Terry v. Ohio, 392 U.S. 1 (1968) The "stop and frisk" case.

Class preparation writing assignment, due Thursday September 23

1. What would Brandeis have thought of the Court's decision in Katz? Would he see this as adhering to his line of argument in Olmstead, or would he be disappointed?

   Pretend that you are Brandeis, who (magically) is transported to 1967 and sees the Katz ruling. Write an op-ed column for the New York Times giving your views on the Court's decision.

   Your op-ed piece must be at most 800 words long. Writing something compelling, clear, and so concise is a lot harder than you might think.

2. Due Sunday, September 26, at 11PM:

   Comment on someone else's piece (400 words max).

Writing assignments should be turned in using the 6.805 Stellar site. Please see the directions for turning in assignments.

There will be no credit given for writing assignments that are turned in late.