Miranda Rights and Cyberspace Realities:
Risks the "Right to Remain Silent"
What constitutes the right to remain silent relative to cyberspace? This article focuses on person's rights in cyberspace and whether the World Wide Web carries the same legal rights as the US Constitution demands, persons rights under the Miranda Law to remain silent. Part of the controversy here is who owns the rights to the information when you are on the web. If you are practicing unethical or illegal behavior from your office, then technically your organization owns the right to anything you do or say in cyberspace. In other words, you don't always own the "evidence" that could be used against you in a legal matter.
Since the law provides that other means of communications must have a court order to monitor conversations and violate privacy for the protection of society, the question arises as to whether or not cyberspace communications should hold the same protocol. People using the Internet assume their conversations are private when in fact all Internet activity can be monitored.
Opinion: Our world as US citizens has dramatically changed since September 11, 2001. In order to protect the majority of society our government has been forced to invade our privacy in many facets of our lives. Although I do believe that the FCC should enforce the laws surrounding Internet privacy, I also recognize the opportunity to catch predators, terrorists, and criminals in general. People who use the Internet for these purposes should be smart enough to know that just about anything is traceable on a computer.
Criminals give up the right to remain silent when using the Internet, it is just another form of speaking, using a keyboard.
Ann M Olney
1 comment:
Hi Ann. Excellent blog on this subject, and very timely. I cannot help but think of the recent tragedy of Megan Meier.
Megan, who suffered from depression, befriended a boy on MySpace and almost immediately fell into cyberspace love. Unfortunately, the 13-year-old girl, who loved volleyball and a boy named "Josh", hung herself in her bedroom closet after receiving a message from 'Josh' telling her "'The world would be a better place without you".
But there was no "Josh". He was the persona of 47 year old woman in the neighborhood.
How sad is the day when a 47 year old occupies her time on MySpace, messing with the minds of young innocents. In my opinion, her keyboard and cyber activity are fair game in this investigation and ensuing trial.
- Yvonne
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