Third Amendment constrains military cyber operation, argues EPIC lawyer
From: FierceGovernmentIT
By David Perera
The Third Amendment, an oft-overlooked section of the Bill of Rights preventing the military from imposing itself unlawfully on private property, requires the Defense Department to be more transparent about offensive cyber operations, argues a lawyer from the Electronic Privacy Information Center.
Alan Butler, EPIC’s appellate advocacy counsel, in an article in the American University Law Review (link at SSRN) says military cyber operations may easily meet thresholds established by the 18th century constitutional prohibition against soldiers quartering during peacetime in “any house, without the consent of the Owner” and during wartime “but in a manner to be prescribed by law.”
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