Prior Restraints and Digital Surveillance: The Constitutionality of Gag Orders Issued under the Stored Communications Act
dc.contributor.author | Sumar, Al-Amyn | |
dc.date | 2021-11-25T13:35:17.000 | |
dc.date.accessioned | 2021-11-26T11:57:14Z | |
dc.date.available | 2021-11-26T11:57:14Z | |
dc.date.issued | 2019-04-28T14:59:34-07:00 | |
dc.identifier | yjolt/vol20/iss1/2 | |
dc.identifier.contextkey | 14376748 | |
dc.identifier.uri | http://hdl.handle.net/20.500.13051/7825 | |
dc.description.abstract | The First Amendment's prohibition on prior restraints on speech is generally understood to be near-absolute. The doctrine permits prior restraints in only a handful of circumstances, and tends to require compelling evidence of their necessity. The focus of this Article is the source of an unexpected but important challenge to this doctrine: government surveillance in the digital age. Recent litigation about the constitutionality of the Stored Communications Act (SCA) highlights that challenge. The SCA authorizes the government both to obtain a person's stored internet communications from a service provider and to seek a gag order preventing the provider from even notifying the person of that fact. Though the government did not ultimately prevail in the litigation, the case provides a renewed opportunity to consider the tension between prior restraint doctrine and the government's digital surveillance efforts. | |
dc.title | Prior Restraints and Digital Surveillance: The Constitutionality of Gag Orders Issued under the Stored Communications Act | |
dc.source.journaltitle | Yale Journal of Law and Technology | |
refterms.dateFOA | 2021-11-26T11:57:14Z | |
dc.identifier.legacycoverpage | https://digitalcommons.law.yale.edu/yjolt/vol20/iss1/2 | |
dc.identifier.legacyfulltext | https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1134&context=yjolt&unstamped=1 |