1. Hypothetical: You were walking by a parked car where a police officer was standing next to the driver window speaking to the driver. The police officer sees you walking to one side of the vehicle and tells you to stop. The officer informs you that you may not leave.
Question: Can the police officer legally detain you? Explain why or why not. While you are detained, the officer asks to see your cell phone. Can the police officer search your cell phone? Explain why or why not, citing the appropriate case to support your position.
2.Hypothetical: A large publicly traded corporation that places nannies in the homes of well-to-do families globally has recently disclosed that it suffered a breach of its client database. The corporation had implemented state-of-the-art enterprise information protection systems to prevent and/or mitigate such a possibility. The corporation had been extremely secretive and protective about its client list in order to maintain its reputation as the exclusive nanny provider to the “rich and famous”. The corporation discovered the breach at the time of its occurrence, but did not disclose it publicly until six months following the breach.
Question: Identify the nature, scope, and type of economic and non-economic damages the corporation faces. Identify the statutes which may be implicated by the breach and the corporation’s response to the breach.
3. Hypothetical: Bob is a state legislator and conducts a lot of his business outside of the legislative halls on his cell phone. He also uses this cell phone to send text messages to his girlfriend when he wants to meet up with her. Bob has been paying for his girlfriend’s apartment in the city so he won’t be alone when he is in the Capitol working. An informant contacted the FBI and alleged that Bob is stealing money from his charitable foundation to pay for his girlfriend’s living expenses. The FBI is investigating this allegation.
Question: Can the FBI obtain Bob’s account information and text messages from the telecommunications carrier? Identify the relevant statutes to provide support for your analysis.
4.Hypothetical:
Private Citizen is sitting outside in his enclosed backyard talking to his friend who is the local drug dealer. A drone operated by a private investigator flies overhead remotely recording a video of Private Citizen in his backyard.
Question: identify if Private Citizen would have a reasonable expectation of privacy, support your position by citing relevant caselaw, holdings, and/or other applicable doctrines.
5. Explain if you have a reasonable expectation of privacy in the following situation and why or why not: The backyard of your residence
6. Explain if you have a reasonable expectation of privacy in the following situation and why or why not: Your Instagram public profile
7. Explain if you have a reasonable expectation of privacy in the following situation and why or why not: Transactions in your bank account
8. Explain if you have a reasonable expectation of privacy in the following situation and why or why not: Communications on FaceBook What’s App
9. Explain if you have a reasonable expectation of privacy in the following situation and why or why not: Blog communications posted on a secure website
10. What is the “third party” doctrine and explain how it has been applied in the cases we have read this term.
11. Discuss the “state secrets” privilege and how it is used.
12. Explain the “right to be forgotten”, its origin, and its impact on global business.
13. What are National Security Letters; who can use them for what purpose; and what legal authority permits their use?
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