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Record W1556158956

Emanations, Snoop Dogs and Reasonable Expectation of Privacy

2007· article· en· W1556158956 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.

Bibliographic record

VenueSSRN Electronic Journal · 2007
Typearticle
Languageen
FieldSocial Sciences
TopicFreedom of Expression and Defamation
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsSupreme courtNormativeJurisprudenceLaw and economicsPolitical scienceLawCurrencyBusinessInternet privacyEconomicsComputer scienceMonetary economics
DOInot available

Abstract

fetched live from OpenAlex

Recognizing that valuable personal data emanates from our electronics, our personal effects, our homes and even our bodies, this article examines the notion of Focusing on current jurisprudence involving heat emanations from homes and odour emanations from knapsacks, the authors examine Canadian courts current approaches to information emanation in their decisions about the 'reasonable expectation of privacy' in the war against drugs. In anticipation of the Kang Brown and A.M. hearing at the Supreme Court of Canada, this article illuminates five main points. First, it contends that the majority of snoop dog decisions in Canadian courts have been wrongly decided; relying on an inappropriate use of judicial analogy that stems from a misreading of Tessling. Second, it warns against an excessively reductionist approach to informational privacy adopted in many recent reasonable expectation of privacy cases. Third, it warns against a non-normative approach to 'reasonable expectations' that is also gaining currency in several provincial courts across Canada. It suggests that the 'reasonable expectations' test has become a strange kind of factual inquiry. Fourth, the article proposes a different reading of Tessling, one that is better suited to the snoop dog cases and, perhaps more importantly, for subsequent application in cases concerning emerging high tech surveillance. Finally, it points to the future, suggesting that A.M. and Kang Brown are not just about snoop dogs; these two cases foreshadow the future of emanation information in a networked society. The authors conclude that the resolution of the snoop dog cases will not end the debate that started well over a decade ago. The authors argue that courts must confront the social implications of informational privacy much more deeply than they have, interrogating its meaning in an empirical universe of information emanation. The article suggests that a failure to clarify Tessling in the snoop dog cases and in the broader context of ubiquitous information emanation, especially alongside the maintenance of reductionist, non-normative approaches to informational privacy across Canadian courts, could seriously diminish the privacy rights of Canadians in a manner that the Supreme Court of Canada has until now been very careful to guard against.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.088
Threshold uncertainty score0.275

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.011
GPT teacher head0.305
Teacher spread0.294 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it