The document summarizes key aspects of the Fourth and Fifth Amendments regarding privacy and emerging technology. It discusses how the Fourth Amendment protects against unreasonable searches and seizures, and how this applies to new technologies like wiretaps and surveillance. It also explains rights guaranteed by the Fifth Amendment in criminal and civil cases, including due process. The document then discusses what constitutes a reasonable search and seizure, and how these concepts are interpreted under US law and Vietnamese law regarding privacy of personal information.

1. Privacy and IT Ethics
Presentation
FPT University (HCMC – Vietnam)
Class: IA1161

2. Chapter 3:
THE FOURTH AMENDMENT AND
EMERGING TECHNOLOGY
Jan 17th, 2017

3. HELLO!
Duc LTM
ducltmse62220@fpt.edu.vn
Lecturer: Mr. Dang NS

4. Agenda
 The Fourth and Fifth Amendments
 The Applicability of the Fourth Amendment
 Enforcement

5. The Fourth and
Fifth Amendments
Duc LTM
DucLTMSE62220@fpt.edu.vn

6. Bill of Rights
10 Amendments
The First
The Second
The Third
The Forth
The Fifth
…

7. Bill of Rights
Watch video from TED-Ed

8. The Forth
The Fourth Amendment originally enforced the notion that “each
man’s home is his castle”, secure from unreasonable searches
and seizures of property by the government. It protects against
arbitrary arrests, and is the basis of the law regarding search
warrants, stop-and-frisk, safety inspections, wiretaps, and other
forms of surveillance, as well as being central to many other
criminal law topics and to privacy law.
Source: https://www.law.cornell.edu/constitution/forth_amendment

9. The Forth
Source: https://www.law.cornell.edu/constitution/forth_amendment

10. The Fifth
The Fifth Amendment creates a number of rights relevant to
both criminal and civil legal proceedings. In criminal cases, the
Fifth Amendment guarantees the right to a grand jury, forbids
“double jeopardy,” and protects against self-incrimination. It also
requires that “due process of law” be part of any proceeding that
denies a citizen “life, liberty or property” and requires the
government to compensate citizens when it takes private
property for public use.
Source: https://www.law.cornell.edu/constitution/fifth_amendment

11. The Forth
The Fourth Amendment originally enforced the notion that “each
man’s home is his castle”, secure from unreasonable searches
and seizures of property by the government. It protects against
arbitrary arrests, and is the basis of the law regarding search
warrants, stop-and-frisk, safety inspections, wiretaps, and other
forms of surveillance, as well as being central to many other
criminal law topics and to privacy law.
Source: https://www.law.cornell.edu/constitution/forth_amendment

12. REASONABLE
SEARCH and SEIZURE
Duc LTM

13. SEARCH
A person "has exhibited an
actual (subjective)
expectation of privacy“
A society is prepared to
recognize that this
expectation is (objectively)
reasonable.
REASONABLE
SEIZURE
Some meaningful interference
with an individual's possessory
interests in that property
Source:
http://www.cybertelecom.org/security/expectation.htm
https://en.wikipedia.org/wiki/Katz_v._United_States

14. Example
Case Study: Katz v. United States

15. The Applicability of
the Fourth Amendment
Duc LTM

16. a neutral and detached
authority interposed
between the police and
the public

17. REASONABLE
Search and Seizure

18. Vietnamese Law
Nghị định số 52/2013/NĐ-CP về Thương mại điện tử
Điều 73. Kiểm tra, cập nhật và điều chỉnh thông tin cá nhân
1. Chủ thể thông tin có quyền yêu cầu đơn vị thu thập thông tin thực
hiện việc kiểm tra, cập nhật, điều chỉnh hoặc hủy bỏ thông tin cá
nhân của mình.
2. Đơn vị thu thập thông tin có nghĩa vụ kiểm tra, cập nhật, điều
chỉnh, hủy bỏ thông tin cá nhân của chủ thể thông tin khi có yêu
cầu hoặc cung cấp cho chủ thể thông tin công cụ để tự kiểm tra,
cập nhật, điều chỉnh thông tin cá nhân của mình.

19. Questions
How should you act when
stopped by a cop?

20. Enforcement
Duc LTM

21. Enforcement
o Restore reliance on warrants based on individualized probable cause.
o Impose penalties on agencies and agents who conduct surveillance not
meeting this standard.
o Pass legislation limiting the Third-Party Doctrine, improving
government transparency, and preventing end-runs around the Fourth
Amendment by using foreign partner agencies or contractors.

22. Q/A
Duc LTM
Lecturer: Mr. Dang NS

23. THANKS!

24. GENERAL REFERENCE
 Slide Template: Friar – from: Slides Carnival
 Book: Privacy, Information and Technology, 3rd Edition
 Legal Information Institute from Cornell University Law School
 FPT University Slides for this chapter (Internal uses only)