United States Constitution

The First and Fourth Amendments of the United States Constitution embody fundamental American values; namely, that individuals must be able to speak freely in society and that their private lives must be protected from intrusion. Over the years, these constitutional rights have been interpreted and refined by the Supreme Court and other federal courts. These rights inform Americans' expectations about privacy and freedom of expression when they use the Internet and other technologies.

• Right to Free Expression: The First Amendment includes the right of free speech and freedom of the press. It prevents the government from making any law that restricts either of these freedoms. It is important to note that the First Amendment also guarantees the right to anonymous speech, which the Supreme Court has found to be necessary for a democracy.
• No Unreasonable Search and Seizure: The Fourth Amendment guards against unreasonable search and seizure of people and property by the government. Generally speaking, when an individual has a reasonable expectation of privacy—from the content of telephone calls and emails to documents stored on personal computer hard drives—the government cannot search or seize this information without demonstrating probable cause and obtaining a warrant from a judge.