By: Ben Quarmby Foes of the United States have demonstrated their ability to strike at the heart of this country. Fear of renewed attacks and a desire for greater national security have now prompted many to call for improvements in the national personal identification system. In particular, the possibility of a national identification card containing the carrier’s DNA information is being seriously considered. However, this raises difficult questions. Would such a card system, and the extraction of individuals’ DNA it entails, violate the 4th Amendment of the Constitution? This article will show that such a card system could in fact be found to be constitutional under the law of privacy as it stands today. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0002
Month: January 2003
Political E-Mail: Protected Speech or Unwelcome Spam?
By: Mark Sweet Candidates for political office are using unsolicited bulk e-mails to reach the electorate. Commonly known as “political spam,” this campaign tactic is an inexpensive supplement to television, radio, and print ads. Advocates claim that campaigning via the internet reduces candidates’ dependence on fundraising, but critics detest political spam as the latest nuisance. This iBrief examines the legal basis for political spam, distinguishes political spam from analogous regulated speech, and argues that political spam serves an interest worth protecting. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0001