Why 2007 is not like 1984: A broader perspective on technology's effect on privacy and fourth amendment jurisprudence

• Autores: Ric Simmons
• Localización: The journal of criminal law and criminology, ISSN 0091-4169, ISSN-e 2160-0325, Vol. 97, Nº. 2, 2007 (Ejemplar dedicado a: Symposium: Technological Change and the Evolution of Criminal Law), págs. 531-568
• Idioma: inglés
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• Resumen

  • Technological advances have generally been seen as the enemy of privacy, giving the government advanced tools to monitor our most intimate activities. This Article takes a broader look at the effect of new technologies and privacy, and comes to the opposite conclusion: over the past one hundred and fifty years, new technologies have for the most part enhanced our privacy, and many of the invasive surveillance technologies that the government now uses are simply a response to this enhanced level of privacy-that is, an attempt to return to the former balance between individual privacy and law enforcement needs. The Article first examines the ways in which new technology has enhanced our privacy, and then examines the effect of new technology on government surveillance, dividing surveillance technologies into three categories: those that allow government agents to do what was previously impossible; those that allow government agents to conduct traditional methods of surveillance more efficiently; and those that the government has developed in response to privacy-enhancing technologies. The Article then reviews the current statutory and constitutional law regarding surveillance technology in light of these categories, and critically examines that law-and the balance or imbalance that it creates between the two competing goals of Fourth Amendment jurisprudence