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Government Surveillance & the Fourth Amendment: Historical Antecedents, and the Impact of Technology

Tuesday, November 12th, 2019 @ 12:10pm to 1:10pm
Jerome Greene Hall, Room 101
Nov 12
Tuesday, November 12th, 2019 @ 12:10pm to 1:10pm
Jerome Greene Hall, Room 101

The digital era has created new and challenging dynamics between the government and citizens. We know that the National Security Agency is sweeping up Americans’ email and text conversations both inside and outside of the country. The FISA Amendments Act of 2008 authorizes the government to conduct surveillance on foreigners abroad, but at the same time enables the government to comb through domestic citizens’ communications with foreign targets. How do these state actions, using new and ever changing technology, affect our understanding of Fourth Amendment rights? Logan Bierne walks us through the history of Fourth Amendment issues to unpack the intricate constitutional dilemma and challenges of government surveillance. He'll ground the issue in the Revolutionary War precedents and apply those war stories to the modern debate. In addition, he plans to discuss how these debates came into the Supreme Court's 2018 Carpenter decision.

About the speaker:

Logan Bierne is a Clinical Lecturer in Law, Research Scholar in Law, and a Fellow at the Information Society Project at Yale Law School. Bierne received his JD from Yale Law School and earned a B.S. in Finance at Fairfield University. Prior to joining Yale Law School, he was an associate at Sullivan & Cromwell LLP.

A previous Fulbright Scholar at Queen’s University, Bierne is interested in exploring the interplay between the law and the digital age. In 2013, he published Blood of Tyrants: George Washington & the Forging of the Presidency, which was selected for the 2014 Colby Award. In the book, he
explores how the battlefield decisions of the Founders continue to shape the meaning of the U.S. Constitution.

Indian food will be served.

Contact Info: 
Tyler Becker, [email protected]