Digital Archaeology: The Art and Science of Digital Forensics

4. Legislated Privacy Concerns

In Chapter 2, “Laws Affecting Forensic Investigations,” emphasis was placed on the difference between constitutional rights and legislated privileges. It is a common misconception that a person’s right to privacy is guaranteed under the Constitution. That is, in fact, not the case. Nowhere in the Constitution is there any mention of privacy. Attempts have been made to generously interpret the Fourth Amendment to infer such rights. However, the language in that amendment is very specific. It guards American citizens against unreasonable search and seizure—not invasions of privacy.

Considering the omission of privacy rights to be an oversight by our founding fathers, Congress has passed a litany of legislation guaranteeing ...