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Your discussion effectively highlights the gaps in Fourth and Fifth Amendment protections in the digital age, particularly regarding encryption and self-incrimination. The Riley v. California (2014) decision was a crucial step in recognizing digital privacy rights, yet the legal system still struggles to address emerging challenges (Carey, 2024). The use of encryption as a safeguard aligns with privacy principles, but as seen in cases like United States v. Apple (2016), there is ongoing debate over whether law enforcement should have access to encrypted data (Harper, 2014). Your mention of differential privacy and homomorphic encryption is particularly relevant, as these technologies offer ways to balance security with accessibility. Blockchain, too, provides an additional layer of protection by creating immutable audit trails, helping to maintain accountability in digital investigations (Jordan et al.; Tripathi et al.). One additional perspective to consider is the role of artificial intelligence in e-Discovery. AI-driven tools can streamline data collection while reducing unnecessary exposure of private information. Implementing AI-assisted redaction techniques could help filter out irrelevant but sensitive data before it reaches legal proceedings. Combining strong legal safeguards with emerging technologies will be essential in ensuring constitutional protections keep pace with digital advancements.
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