The 4th Amendment in the Internet

Privacy in the Age of the Net


"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated."

Fourth Amendment of the U.S. Constitution



What people read, research or access remains a fundamental matter of privacy. One should be able to access all constitutionally protected information and at the same time feel secure that what one reads, researches or finds through our Nation's libraries is no one's business but their own.


There are many privacy bills that have been introduced into recent Congresses relating to business, health, student and other records. The expansion of e-government, e-commerce, and other forms of electronic transactions, including library services, raises serious questions for the library community in protecting individual privacy, especially the privacy and confidentiality of library patron records.


Not only the internet community is affected by "warrant-less" searches and seizures. This practice has been going on in every cross section of the population.
Police boast that their new technique, the "knock and talk" produces thousands of warrant less "consensual" searches of private residences every year. It goes like this: "Excuse me sir, /ma'm, but we'd just like to come in and look around. It will go much easier for you than if you make us get a warrant." Most folks make the mistake of letting them in. Can it be that no one understands that the constitution is not a technicality but the rules that tell the government what it can and can't do?

One thing it says for sure: with only the narrowest of exceptions, the police can't enter your home without a warrant.


The Constitution would not have been ratified by the individual states
without a Bill of Rights, and its Fourth Amendment contained very specific
restrictions on government search and seizure: a warrant that must list the
exact place and persons to be searched, and there must be probable cause to
believe a crime is being, has been, or will be committed.


One has the right to tell the police to get a search warrant before they can enter your house and look around. How is it handled on the Internet? Should agencies have the right to go through your mail? The controversy is that if people get noticed before they get searched there is a good chance that they will have time enough to get rid of the evidence, especially in the age of the internet. Erased files and folders are irretrievably lost and cannot be recovered. Should the 4th Amendment be modified for the internet generation? It is certain that entering one's e-mail account is different than walking into one's house. Nonetheless, it both violates the 4th Amendment if it is done without a search warrant. There are certain states, e.g. California, that allow their agencies to search homes of criminals without a warrant and that could be used in the Internet world as well.