The IT Law Wiki
The IT Law Wiki

Definition[]

United States[]

Constitutional rights refer to those rights that an individual derives from the U.S. Constitution. Constitutional rights are the strongest protection from improper government conduct against an individual. Unlike other legal rights, constitutional rights cannot be changed by a statute. They can only be altered by amending the U.S. Constitution.

Overview (United States)[]

"In considering the application of unchanging constitutional principles to new and rapidly evolving technology, this Court should proceed with caution. We should make every effort to understand the new technology. We should take into account the possibility that developing technology may have important societal implications that will become apparent only with time. We should not jump to the conclusion that new technology is fundamentally the same as some older thing with which we are familiar."[1]

References[]

  1. Brown v. Entertainment Merchants Ass'n, 131 S.Ct. 2729, 2742, 564 U.S. 786, 806 (2011).